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NY L84614

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May 23, 2005

MAR-2 RR:NC:3:353 L84614

CATEGORY: MARKING

Mr./Ms. Anke Fox and Lesley Armstrong
Armstrong Fox Textiles
Technology Innovation Centre
One Research Drive
Dartmouth, Nova Scotia, B2Y 4M9

RE: THE COUNTRY OF ORIGIN MARKING OF A SCARF FROM CANADA

Dear Mr./Ms. Fox and Armstrong:

This is in response to your letter dated April 26, 2005 requesting a ruling on whether the proposed marking "with a metal lapel pin" is an acceptable country of origin marking for an imported scarf. A marked sample was submitted with your letter for review.

The submitted sample is a woven fabric scarf measuring approximately 27” x 7 ½” with fringe at each end. The scarf has a metal lapel pin attached with a butterfly clip that indicates the country of origin and company name in English.

The lapel pin is clearly a separate item that can be removed from the scarf.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of the imported scarf is not acceptable as described above, as it is not permanently marked in satisfaction of 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 scarf.

    It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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