THE COUNTRY OF ORIGIN MARKING OF A SUN VISOR AND A CAP

N122337 September 20, 2010 MAR-2 OT:RR:NC:TA:353 CATEGORY: MARKING Mr. Raul Alvarez ProWear Enterprises, Inc. 13136 Blanton Road Ashland, VA 23005 RE: THE COUNTRY OF ORIGIN MARKING OF A SUN VISOR AND A CAP Dear Mr. Alvarez: This is in response to your letter dated September 3, 2010, requesting a ruling on whether the proposed marking “Made in Bangladesh” on the reverse side of a sewn-in label is an acceptable country of origin marking for an imported visor and cap if another marking “Ashland, VA” appears on the article, which is a country or locality other than the actual country of origin of the article. Marked samples of the visor and cap that were submitted with your letter for review will be returned to you. The submitted samples are a sun visor and cap constructed of cotton fabric. At the inside of the visor and cap, at the back, is a folded sewn-in white fabric label; the front of the folded label states in black lettering “100% Cotton Shell” and the back of the folded label states in black lettering “Made in Bangladesh.” The underside of the peak for the visor and cap bears an affixed paper label, in print larger than the fabric label, with the wording “ProWear Enterprises, 13136 Blanton Road, Ashland, VA 23005” along with the company telephone number and internet address. 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 folded fabric 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 turn 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 visor and cap and satisfies the permanency requirement. 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 or surface in which the name or locality other than the actual country of origin appears. The underside of the peak of the visor and cap bearing an affixed paper label bearing the wording “Ashland, VA” does not meet the requirements of Section 134.46 as the wording “Ashland, VA” is not in close proximity to, and has lettering larger than the country of origin label. The proposed marking of the imported visor and cap is not conspicuous, and bears the name of a city and locality that is not in close proximity to, and in lettering that is not comparable to the “Made in Bangladesh” label. The proposed marking does not meet the requirements of 19 U.S.C. 1304. 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