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NY J80352




January 24, 2003

MAR-2 RR:NC:3:341 J80352

CATEGORY: MARKING

William Ortiz
Executive Vice President
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, N.Y. 11581

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TOTE BAGS OF TEXTILE MATERIALS; 19 CFR 134; 19 CFR 134.47

Dear Mr. Ortiz:

This is in response to your letter dated January 17 2003 , 2002 requesting a ruling on whether the marking requirements are satisfied if imported tote bags which are marked with a U.S. reference at the time of importation. The request is on behalf of Kate Spade Inc..

The first sample submitted, identified as Style #AH6186543A, is a tote bag constructed of cotton canvas fabric. The open bag measures approximately 15 ½”W x 13”H x 5”D. The unlined interior features a large zippered pocket. The bag has two leather carrying handles and two leather straps can secure the top.

The second sample submitted, identified as Style #AH6446443A, is a tote bag constructed of a woven cotton textile fabric. The open bag measures approximately 14 ½”W x 12 ½”H x 3 ¼”D. Its lined interior features a zippered wall pocket. The bag features twin leather carrying straps and can be secured by two ribbons.

The third sample submitted, identified as Style #AH3406323A, is a tote bag constructed of woven nylon material. The open bag measures approximately 10”W x 10”H x 8”D. The lined interior features a zippered wall pocket. The bag has twin leather carrying straps.

Each sample bears a fabric label sewn into the interior seam. The label is black and the lettering “Made in China” is in contrasting white stitching. The lettering is approximately 6 points in height. A point is 0.01384 inches. Each bag is additionally marked “Kate Spade New York” in various locations. The mark “Kate Spade New York” is a registered Trademark owned by Alex Noel Incorporated and assigned to Kate Spade LLC. The trademark registration is No. 2,537,318. The samples will be returned as requested.

The applicable subheading for style #AH3406323A will be 4202.22.8050, HTSUSA, which provides, in part, for handbags, of textile materials, other, with outer surface of textile materials, of man-made fibers. The rate of duty will be 18.1 percent ad valorem

The applicable subheading for styles #AH6186543A and AH6446443A will be 4202922.4500, HTSUSA, which provides in part, for travel, sport and similar bags, of textile materials, other, with outer surface of textile materials, other, of man-made fibers. The rate of duty will be 18.1 percent ad valorem .

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser.

Section 134.47, Customs Regulations (19 CFR 134.47) provides:

“When as part of a trademark or trade name or a part of a souvenir marking, the name or location in the United States or “United States” or “America” appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by “Made in”, “Product of” or some other similar words, in close proximity or in some other conspicuous location.”

The placement of the sewn-in fabric label , as described above, at a point not less than one inch from the top interior collar and sewn into the left or right seam would satisfy the requirements of the country of origin marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304). The same placement would satisfy the section 134.47 requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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