COUNTRY OF ORIGIN MARKING OF IMPORTED TOTE BAG

N155096 April 19, 2011 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Marlene Collins Liz Claiborne Inc. One Claiborne Avenue North Bergen, NJ 07047 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TOTE BAG Dear Ms. Collins: This is in response to your letter dated March 16, 2011, 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 hangtag or label stating “Italian leather” also appears on the article. An unmarked sample was submitted with your letter for review. You have submitted a sample of a leather tote bag. The sample is not marked with the country of origin. In your letter you state the bag will be marked “Made in China” although you have not described how the marking will appear on the bag. In your request you have also inquired as to whether or not an additional label or hangtag reading “Italian Leather” would be permitted. Based on the information you provided the leather will be tanned in Italy and as such Italy would be the country of origin of the leather for tariff purposes. However, the manufacturing of the bag is done in China and, therefore, the country of origin of the bag is China. 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 or surfaces in which the name or locality other than the actual country of origin appears. The bag is not marked with the words “Made in China” nor is the additional hangtag or label attached to the bag. As such, in its current condition, it 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. Additionally, assuming the bag was properly marked with the words “Made in China,” a separate hangtag or label with the words “Italian Leather” is unlikely to meet the proximity requirement. 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