COUNTRY OF ORIGIN MARKING OF AN IMPORTED TOTE BAG

N177295 August 17, 2011 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING John Bentz D. Kratt International, Inc. P.O. Box 66567 Chicago, IL 60666 RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED TOTE BAG Dear Mr. Bentz: This is in response to your letter dated July 22, 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 the additional markings of “Berlin” and “Germany” also appear on the article. Both Germany, and its capital Berlin, are localities other than the actual country of origin of the article. A marked sample was submitted with your letter for review. Your sample is a black leather tote bag. On the outside of the bag there is a hangtag on one handle that that is printed with the word “LIEBESKIND” on the first line and below that the word “Berlin” in lettering that appears to be the same size. Inside the bag there is a second, similar hangtag except that the second hangtag opens and has care instructions first in German and then in English. Approximately one inch below the opening to an interior zippered pocket there is a permanently attached label with the word “LIEBESKIND” on the first line and below that the word “Berlin” in lettering that is approximately the same size. Inside the interior zippered pocket there is a black textile label with white lettering. On one side of the label there is a German address including the word “Germany.” On the other side of this label there are the words “100% Cow Leather” on the first line and the words “Made in China” on the second line. 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 the imported tote bag, 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. 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