THE COUNTRY OF ORIGIN MARKING OF COOLER BAGS AND BOTTLE CARRIERS.

NY G86830 February 21, 2001 MAR-2 RR:NC:TA:351 G86830 CATEGORY: MARKING Douglas W. Saker Import Supervisor L. E. Coopersmith 2041 Rosencrans Ave. 3rd Floor El Segundo, CA 90245 RE: THE COUNTRY OF ORIGIN MARKING OF COOLER BAGS AND BOTTLE CARRIERS. Dear Mr. Saker: This is in response to your letter dated January 30, 2001, requesting a ruling on whether the proposed marking of sewn-in labels is an acceptable country of origin marking for imported cooler bags and bottle carriers. Marked samples of the following items were submitted with your letter for review: FBC10 (bottle carrier – 1 liter) F6PKD (6 can cooler bag) F12PKD (12 can cooler bag – orange/gray/black) F24PKDH (24 can cooler bag) F12PKDH (Sport 12 can cooler bag) BC5-A (bottle carrier – 0.5 liter) The cooler bags are each marked with a 1¼” x 1¼” label sewn into the seam of the upper-left-hand corner of the inside of the lid. The label contains the importer’s name and logo on one side and the country of origin (“Made in China” in the instant case) and style number on the reverse. The bottle carriers have the same label sewn into a seam in the compartment which contains the plastic bottle. 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, 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 cooler bags. However, the bottle carriers are not legally marked. Because in each case the plastic bottle must be removed from the carrier to find the country of origin label, it is considered to be not conspicuous. A similar tag on the outside of the bottle would be considered conspicuous, as would adding the country of origin information to the hangtag already present. 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 Mitchel Bayer at 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division