THE COUNTRY OF ORIGIN MARKING OF A BABY SLING

N248187 December 10, 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: THE COUNTRY OF ORIGIN MARKING OF A BABY SLING Dear Mrs. Young: This is in response to your letter dated Oct. 30, received in our office Nov. 21, 2013, requesting a ruling on whether the proposed method of marking “Made in China” is an acceptable country of origin marking for the imported baby sling. A marked sample was submitted with your letter for review. The classification of the baby sling was the subject of New York Ruling Letter N243466, issued on July 15, 2013. The baby sling is classified in subheading 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. In that ruling, we explained why the submitted sample was not legally marked. You have now submitted a sample with a different method of country of origin marking. The baby sling has two 2” x 3-1/2” cards attached with a plastic swiftack. One says in prominent letters, “MADE IN CHINA” and this card is on top of the other, with the country of origin infor on the front; the back of each card is blank. No other country name is shown. 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 conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported baby sling. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division