COUNTRY OF ORIGIN MARKING OF IMPORTED HEADWEAR

NY G89566 May 7, 2001 MAR-2 RR:NC:3:353 G89566 CATEGORY: MARKING Mr. John B. Pellegrini Ross & Hardies Park Avenue Tower 65 East 55th Street New York, NY 10022-3219 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HEADWEAR Dear Mr. Pellegrini: This is in response to your letter dated April 13, 2001, on behalf of Paris Accessories, Inc., requesting a ruling on whether the proposed marking "Made in Mexico of U.S.A. Materials" on a country-of-origin label affixed by means of a plastic loop to the top of a cap is an acceptable country of origin marking for imported knit hats. A marked sample was submitted with your letter for review and will be returned to you as requested.. The knit cap will be manufactured in Mexico with fabric formed in the United States. You propose to mark the hat with a paper/cardboard country-of-origin label affixed to the cap by means of a plastic loop attached to the top of the cap. The label will read "Made in Mexico of U.S.A. Materials." 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. The affixing of the label to the cap by means of a plastic loop meets these requirements. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. The statement "Made in Mexico of U.S.A. Materials" on the label satisfies the close proximity requirement. The proposed marking of the imported cap, as described above, satisfies 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 cap. 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 Kenneth Reidlinger at 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division