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NY N018016





October 24, 2007

MAR-2 OT:RR:NC:3:353

CATEGORY: MARKING

Ms. Anne Amice
10449 Whitebridge Lane
St Louis, MO 63141

RE: THE COUNTRY OF ORIGIN MARKING OF A HEADBAND FROM FRANCE

Dear Ms. Amice:

This is in response to your letter received in this office on September 27, 2007, regarding the marking of a ponytail holder. A marked sample was submitted with your letter for review.

The submitted sample, a Jersey Headband, was the subject of classification ruling N015950, dated September 14, 2007. In that ruling this office informed you that additional information was needed before we could issue a determination regarding the country of origin marking of the goods.

You state that you will be importing the Jersey Headband from France, in bulk, in corrugated boxes that will be marked “Made in France.” Subsequent to importation into the United States, the item will be removed from the container and individually marked “Made in France” by means of an adhesive sticker placed on the inside of the Jersey Headband. There is no retail packaging for the Jersey Headband.

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.

Normally, articles of foreign origin imported into the United States must be marked with their country of origin at the time of their importation. However, in certain circumstances Customs has recognized that it is necessary to allow articles to be marked after importation. The exceptions to marking are listed in 19 CFR 134.32. These exceptions do not pertain to the circumstance that you describe and you have failed to demonstrate to Customs that there are significant practical problems involved in affixing the country of origin label prior to importation into the U.S.

The Jersey Headbands must be individually marked at the time of importation with the country of origin, France.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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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