Country of origin marking of drawstring pouch; Conspicuous; Reusable; 19 CFR 134.41; 19 CFR 134.23; HRL 733157; HRL 731534; HRL 731727

HQ 559054 April 17, 1995 MAR-2-05-R:C:S 559054 DEC Anthony Bonatesta, Jr. Meadows Wye & Company, Incorporated 2506 Forest Avenue Staten Island, New York 10303 RE: Country of origin marking of drawstring pouch; Conspicuous; Reusable; 19 CFR 134.41; 19 CFR 134.23; HRL 733157; HRL 731534; HRL 731727 Dear Mr. Bonatesta: This is in response to your letter, dated November 29, 1994, requesting a tariff classification ruling under the Harmonized Tariff Schedule of the United States (HTSUS) for two drawstring pouches and guidance with respect to country of origin marking requirements. Customs issued Headquarters Letter Ruling (HRL) 957473, dated March 6, 1995, in response to the classification issue. This ruling will address the country of origin marking requirements set forth in 19 U.S.C. 1304 and Part 134, Customs Regulations (19 CFR Part 134). FACTS: The articles at issue are two drawstring pouches that will be used to store ceramic stones that will be contained in a book. The pouches measure approximately 7.25 inches by 5.0 inches. The samples both contain a sewn in tag deep inside (several inches) the pouch. ISSUE: Whether the country of origin marking of the two sample pouches complies with the requirements of 19 U.S.C. 1304 and Part 134, Customs Regulations (19 CFR Part 134). 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 U.S. 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 U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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. Section 134.23(a), Customs Regulations (19 CFR 134.23(a)) provides that Usual and ordinary reusable containers or holders. Except for goods of a NAFTA country which are usual containers, containers or holders designed for or capable of reuse after the contents have been consumed, whether imported full or empty, must be individually marked to indicate the country of their own origin with a marking such as, "Container Made in (name of country)." Customs finds that the sample pouches are reusable containers or holders capable of reuse. Therefore, they must be individually marked in accordance with Part 134. Customs has previously held that the country of origin marking for a baseball cap on the back of a sewn in label did not satisfy the conspicuous requirement of 19 U.S.C. 1304 and 19 CFR 134.41(b). HRL 733157, dated April 23, 1990. In HRL 731534, dated December 2, 1988, nylon sports bags marked with a fabric label sewn deep inside the bag were held to be not conspicuous as required by 19 CFR 134.41. Customs ruled in HRL 731727, dated June 16, 1989, that a batting glove containing a country of origin mark deep inside the glove was not marked in a conspicuous manner. The samples that you have submitted for our examination contain a sewn in label with the country of origin marking indicated deep inside (several inches) the pouches. Consistent with the above-cited rulings, it is our opinion that the country of origin of the sample pouches cannot be found easily and, therefore, the markings are not conspicuous. HOLDING: Based on the information and samples provided, we find that the country of origin marking on the label sewn several inches inside the pouches is not conspicuous as required by 19 U.S.C. 1304 and 19 CFR 134.41(b). Sincerely, John Durant, Director Commercial Rulings Division