THE COUNTRY OF ORIGIN MARKING OF A BASEBALL-STYLE CAP

N059601 May 28, 2009 MAR-2 OT:RR:NC:TA:353 CATEGORY: MARKING Gordon C. Anderson C. H. Robinson Worldwide, Inc. Minneapolis International 14800 Charlson Road Suite 400 Eden Prairie, MN 55347-5048 RE: THE COUNTRY OF ORIGIN MARKING OF A BASEBALL-STYLE CAP Dear Mr. Anderson: This is in response to your letter dated April 30, 2009, on behalf of Promotions Plus, requesting a ruling on whether the proposed marking “Made in China” on the reverse side of a sewn-in label is an acceptable country of origin marking for imported baseball-style caps. A marked sample was submitted with your letter for review. The submitted sample is a baseball-style cap constructed of woven fabric except for two side panels that are constructed of knit mesh fabric. The front of the cap bears the wording “Adult League Tennis, Georgia, State Championship,” and the back of the cap bears the wording “Rome, Georgia 2009.” Inside the cap is a sewn-in white fabric label. The front of the label states in black lettering “Promotions plus” along with their telephone number; the back of the label states in black lettering “100% Polyester, Made in China, One Size Fits Most.” 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. The country of origin marking on the back of the label is not conspicuous. Headquarters Rulings 733157, dated April 23, 1990, and 731727, dated June 16, 1989 ruled that a country of origin marking on the back of a label is not easy to find and is not conspicuous. The ultimate purchaser should not have to fold over the label to read the country of origin marking. 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 sewn-in country of origin label is securely attached to the cap and satisfies the permanency requirement. The proposed marking of imported baseball-style cap, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported baseball-style 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 (646) 733-3053. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division