THE COUNTRY OF ORIGIN MARKING OF A LEATHER JACKET

N058420 May 22, 2009 MAR-2 OT:RR:NC:TA:348 CATEGORY: MARKING Ms. Angela Tabick Corbett International, Inc. 1 Cross Island Plaza, Suite 203F Rosedale, NY 11422 RE: THE COUNTRY OF ORIGIN MARKING OF A LEATHER JACKET Dear Ms. Tabick: This is in response to your letter dated April 17, 2009, on behalf of your client Shaf International Inc., requesting a ruling on whether the proposed country of origin marking is an acceptable method of marking for imported jackets, vests, chaps and deerskin gloves. The submitted sample, a leather jacket with a removable liner, will be affixed with four hangtags you provided. The jacket liner has a sewn in label affixed to the nap of the neck which includes “Made in Pakistan”. The first hangtag provides information about the zip-out liner and includes the phrase “Made in Pakistan”. The second hangtag describes the 2-year warranty and includes the phrase “Made in Pakistan”. The third hangtag contains an American flag motif with the phrase “American Cow Hide”. The fourth hangtag contains the phrase “Milwaukee Leather by Shaf” on one side. On the reverse side of the hangtag, a description of the leather is provided, as well as the phrase “Made in Pakistan”. The sample will be returned as requested. 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. 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, 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. 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 purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good. The proposed marking of the sewn in label and first and second hangtags, as described above, are conspicuously and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are acceptable country of origin marking. However, the proposed marking of the third and fourth hangtags, as described above, are not marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are not an acceptable country of origin marking. To satisfy the close proximity requirement articulated in §134.46, the country of origin marking generally must appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. See HQ 562832; HQ 73416, dated October 20, 1997 (holding that country of origin marking of a book must be on each side or surface containing a non-origin reference). In the present matter, numerous allusions to the United States appear on the third and fourth hangtags (i.e. textual references as well as representation of the American flag.). Specifically, references to Milwaukee are located on one side of the hangtag, while the proper country of origin marking ("Product of Pakistan") is present on the reverse side. The third hangtag also contains similar references to America, while the country of origin marking ("Product of Pakistan") is not located on the hangtag. Due to the number of non-origin references, the country of origin (or text directing the purchaser to the location bearing the country of origin) must be marked on each section of the package in which a reference to a non-origin locality appears to satisfy the general marking requirements set forth in 19 C.F.R. §134.46. 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 Rosemarie Hayward at (646) 733-3064. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division