THE COUNTRY OF ORIGIN MARKING OF CAR SEAT COVERS

NY E87813 October 12, 1999 MAR-2 RR:NC:MM:101 E87813 CATEGORY: MARKING Mr. Thomas G. Travis Sandler, Travis & Rosenberg, P.A. Attorneys At Law The Waterford 5200 Blue Lagoon Drive Miami, Florida 33126-2022 RE: THE COUNTRY OF ORIGIN MARKING OF CAR SEAT COVERS Dear Mr. Travis: This is in response to your letter dated September 24, 1999 requesting a ruling on whether the proposed marking "Sagaz products are manufactured in countries throughout the world. Country of origin is indicated on the product"; or alternatively, "Made in Italy, Argentina, China or Mexico. See product for Country of Origin " is an acceptable country of origin marking for imported car seat covers. A marked sample was submitted with your letter for review. On behalf of your client, Sagaz Industries, Inc. you indicate that the textile seat covers for bucket seats and/or bench seats are designed to be fitted over existing auto seats. When imported, each car seat cover will be individually marked with the correct country of origin by a sewn-in label. The car seat covers will be marketed and sold at retail in an unsealed carton, package or box which allows the ultimate purchaser to examine the product prior to purchase. The name Sagaz Industries, Inc. and its Miami, Florida address will be printed on the outer carton or packaging but it will be printed in close proximity to the country of origin wording, in a comparable and easily visible type size and face. 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 C.F.R. §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 C.F.R. §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 C.F.R. §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. U.S. Customs has previously allowed importers to place a mark on the exterior of a container instructing the ultimate purchaser to view the actual article to determine the country of origin. Therefore, a statement similar to "Contents Imported, See Article For Country Of Origin" would be acceptable. Your client's statement, "Sagaz products are manufactured in countries throughout the world. Country of Origin is indicated on the product" is acceptable. In order to qualify for this marking, the carton must remain unsealed allowing the purchaser to inspect the product prior to purchase. Each seat cover must be marked with the correct country of origin with a sewn in label in a conspicuous place to indicate to the ultimate purchaser in the U.S. the actual country of origin of the seat cover. The requirements of 19 C.F.R. §134.46 are triggered by the non-origin geographic reference that the name Sagaz industries, Inc. and its Miami, Florida address will be printed on the outer carton or packaging in close proximity to the country of origin wording. Such wording must be in a lettering of at least comparable size to the aforementioned Country of Origin statement you wish to use, "Sagaz products are manufactured in countries throughout the world. Country of Origin is indicated on the product." The proposed marking of imported seat covers, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported seat covers. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Robert DeSoucey at 212-637-7035. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division