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HQ 563038

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July 16, 2004

MAR 2:05 RR:CR:SM 563038 KSG

CATEGORY: MARKING

Harvey A. Isaacs, Esq.
Tompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, NY 10036-8901

RE: Country of origin marking of leather folios; conspicuousness

Dear Mr. Isaacs:

This is in response to your submission of May 18, 2004, on behalf of Coach Services, Inc., requesting a binding ruling regarding the appropriate country of origin marking of wallets and folios. You have submitted samples for our review. On July 13, 2004, you withdrew your request on the marking of the wallets, pending the submission of a new sample for our consideration.

FACTS:

This case involves imported folios. The articles are entered into the Jacksonville Foreign Trade Zone, where they are maintained in inventory and withdrawn for consumption as needed.

The country of origin marking on the leather folio is die stamped into the leather inside the right pocket underneath a pad of paper in lettering that appears to be less than 1/16 of an inch in height. Attached to the folio’s pen holder in the inside center of the folio is a hangtag with the country of origin in lettering 1/16 inches in height on the front of the tag above the price. No other geographical references appear on the folio or box holding the folio.

ISSUE:

What are the country of origin marking requirements applicable to the imported leather folios described above?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940). Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.41(b), Customs Regulations 19 CFR 134.41(b), provides that the degree of permanence of marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. The ultimate purchaser must be able to find the marking easily and read it without strain.

U.S. Customs and Border Protection (“CBP”) held in Headquarters Ruling Letter (“HRL”) 734314, dated January 27, 1992, that checkbook wallets marked by means of a non-contrasting blind stamp placed on the inside of the checkbook cover were not conspicuously marked as required by 19 CFR 134.41(b) and therefore, were not acceptable. CBP stated that the ultimate purchaser would have to examine two different surfaces in the checkbook compartment and that the wallet area, as opposed to the checkbook area, may be the primary reason for purchasing the article.

In HRL 732100, dated January 18, 1990, CBP concluded that the country of origin marking on a wallet that was obscured by one of the side folds and not readily visible was not conspicuously marked as required by 19 CFR 134.41(b).

In this case, the folio is not conspicuously marked. The die stamp marking on the folio does not satisfy the requirements of 19 U.S.C. 1304 as it is too small and in a non-contrasting color. You have indicated that in the future, the lettering would be at least 3/32 inches in height. However, CBP finds that the location of the marking for the folio is unacceptable and enlarging the size of the lettering will not cure the violation in this case. Furthermore, the folio contains many pockets requiring the ultimate purchaser to search all of them in order to find the marking.

You have requested a temporary 3-month marking exception for folios already in inventory if the country of origin is marked on the price tag attached to the pen holder. We note that this marking on the price tag is acceptable as a permanent, conspicuous and legible method of marking the folios. Therefore, provided the tags with the country of origin marking remain on the folios until they reach the ultimate purchaser, the folios will satisfy the marking requirements of 19 U.S.C. 1304.

HOLDING:

Based on the information provided, the imported leather folios marked only with the die stamp as described above, do not satisfy the requirements of 19 U.S.C. 1304. The imported folios marked with the use of a hangtag attached to the pen holder will satisfy the requirements of 19 U.S.C. 1304.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Myles B. Harmon
Director, Commercial Rulings Division

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