COUNTRY OF ORIGIN MARKING OF AN IMPORTED TOTE BAG

N095300 March 25, 2010 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Ms. Yvonne Whitley Rosetti Handbags & Accessories 10 West 33rd Street New York, NY 10001 RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED TOTE BAG Dear Ms. Whitley: This is in response to your letter dated February 22, 2010, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for the imported tote bag if another marking “Rosetti New York” appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review. You have submitted a sample of a tote bag. You have stated that the tote bag will be imported with an umbrella. A marked sample of the umbrella was not submitted. On the front of the tote bag there is a metal plate permanently affixed to the bag which states “Rosetti New York”. It is located in the center of the bag approximately 2.5 inches from the top of the bag. The plate measures 2” wide x .75” high. Affixed to one of the carrying straps there is a mock-up of a hangtag. On one side of the hangtag there is drawing of an umbrella along with the word “Rosetti” twice and also the words “Bonus Umbrella.” The other side of the hangtag has is a second drawing of a partial umbrella along with the words “Bonus Umbrella,” “Made in China,” and “Rosetti.” 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, 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The proposed marking of imported tote, as described above, does not satisfy 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 tote bag. The hangtag with a drawing of an umbrella and the words “Bonus Umbrella” and “Made in China” could mislead the consumer to believe that only the umbrella is made in China, rather than the tote bag. We suggest that a permanently sewn in textile label or permanently attached metal plate with the words “MADE IN CHINA” be affixed inside the bag no more than one inch from the top of the bag. 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 Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division