COUNTRY OF ORIGIN MARKING OF AN IMPORTED TOTE BAG

N110431 July 12, 2010 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Regina White Rosetti Handbags & Accessories 10 West 33rd Street New York, NY 10001 RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED TOTE BAG Dear Ms. White: This is in response to your letter dated June 14, 2010, requesting a ruling on whether the proposed marking “MADE IN CHINA” is an acceptable country of origin marking for an imported tote bag if another marking “Rosetti New York” appears on the article which is a locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review. The submitted sample is a tote bag constructed with an outer surface of polyvinyl chloride plastic sheeting material. It features a top zippered opening, a textile lining, and one shoulder strap. The front of the bag has a metal with the engraved word “Rosetti” under which there are the words “New York.” Inside the bag, located approximately one inch down from the top opening, there is a permanently attached textile label sewn into the side seam. This label is printed with the words “MADE IN CHINA” on the first line, “100% POLYVINYLCHORIDE” on the second line, and “RN#108833” on the third line. The label is white with black lettering sewn into a dark brown textile lining. 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 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location”. Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness. This office has found evidence that “Rosetti New York” is a registered trademark. As such, to the extend to which the trademark remains valid, the proposed marking of the tote bag, as described above, satisfies the marking requirements of 19 CFR 134.47 and is an acceptable country of origin marking for the imported tote 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