CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF A BABY SLING

N243466 July 15, 2013 MAR-2 OT:RR:NC:N3:351 CATEGORY: MARKING Mrs. Belinda Jane Young House of Bebe Pty. Ltd. 19 staunton Walk Cranbourne East Victoria 3977 Australia RE: CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF A BABY SLING Dear Mrs. Young: This is in response to your letter dated June 3, 2013, requesting a ruling on whether the proposed marking “swing tag” is an acceptable country of origin marking for your imported baby sling. A sample with the proposed marking was submitted with your letter for review. You submitted a sample of the baby sling, no style number given. It is made of 100% cotton woven fabric. It is composed of two pieces of fabric, printed on one side and solid on the other; they are sewn together to create a tube. The sling is said to be reversible. In the flattened state, the sling measures approximately 23” across the top and bottom (slightly wider in the center) and 17-1/2” top to bottom. Illustrations show it worn draped over one shoulder with an infant carried on the hip in the sling. The applicable subheading for the baby sling described above will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The sample will be returned as requested. The sample has no sewn-in label because, as you state, it is reversible. You have asked about proper marking. There are two 3-1/2” x 2” cards, essentially business cards, attached with a plastic connector. One has the House of Bebe® name, logo and corporate web address; the other has warnings about carrying a baby in the sling. Neither mentions the country of origin, which you state is China. The sample was received in a see-through plastic envelope, also lacking origin information. 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. 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. 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 proposed marking of the imported baby sling, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You state that you have already contacted the FTC, but should you need to contact them again contact the FTC, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “Consumer Protection” and then on “Business Information” and then on “Clothing and Textiles”). 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 Mitchel Bayer at (646) 733-3102. Sincerely, Thomas J. Russo Director National Commodity Specialist Division