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NY N014818





August 1, 2007

MAR-2 RR:NC:SP:233

CATEGORY: MARKING

Mr. Scott Davidson
SDV
150-10 132nd Avenue
Jamaica, NY 11434

RE: THE COUNTRY OF ORIGIN MARKING OF A HEADBAND.

Dear Mr. Davidson:

This is in response to your letter dated July 24, 2007, on behalf of Devanlay US Inc. (Lacoste), requesting a ruling on whether the proposed marking "Made in Peru" is an acceptable country of origin marking for imported headband. A marked sample was submitted with your letter for review.

The headband is made of plastic with a fabric covering. Attached to the headband is a hang tag stating “Designed in France, Made in Peru”. You mention 19 CFR Sec. 134.44© which covers articles marked with tags. It states that “when tags are used, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser”.

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 imported headband, as described above, is conspicuously, legibly and 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 headband.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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