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NY L81764




January 24, 2005

MAR-2 RR:NC:3:353 L81764

CATEGORY: MARKING

Mr. Sergio Irigoyen
Avent Inc.
9651 E. Southpoint Road
Tucson, AZ 85706

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED DISPOSABLE HOSPITAL GOWNS

Dear Mr. Irigoyen:

This is in response to your letter dated December 22, 2004 requesting a ruling on whether the proposed marking "Made in Honduras" or “Made in Mexico” is an acceptable country of origin marking for imported disposable hospital gowns if another marking "Roswell, GA USA" appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review.

You intend to import disposable hospital gowns that will be sterilized in the United States. The gowns will be constructed of nonwoven spun bond or melt blown polyethylene fabric. The finished gowns are sealed in a package consisting of a transparent plastic poly film backing and a printed top paper web that is lined with plastic. The two components are heat sealed together once the gown is placed inside. The front of the package contains the phrase “Manufactured by Kimberly-Clark, Roswell, GA 30076 USA” in blue ink. On the same side is the phrase “Made in Honduras” or “Made in Mexico” in black ink and slightly larger type. The packaged gowns are placed in cardboard cartons. Each carton is marked with the phrases “Manufactured by Kimberly-Clark, Roswell, GA 30076 USA” in blue ink and “Made in Honduras” or “Made in Mexico” in black ink with letters of comparable size.

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 in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of imported disposable hospital gowns, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported disposable hospital gowns.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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