MAR 2-05 CO:R:C:V 732100 pmh
Ellen E. Rosenberg, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004
RE: Country of origin marking of imported wallets
Dear Ms. Rosenberg:
This is in response to your letter of January 31, 1989,
requesting a ruling on behalf of your client, R.H. Macy & Co.,
Inc. (the importer), on the proper country of origin marking
requirements for leather wallets. We apologize for the delay in
responding to your request.
FACTS:
The importer will import leather wallets for sale in their
retail stores. You have submitted a sample wallet for our
examination. The sample is a blue leather wallet measuring
approximately 7 and a half inches long and 4 inches deep. The
wallet is closed by means of a zipper that runs three quarters of
the way around it. The interior of the wallet is divided into
two compartments by means of a zippered compartment in the
middle. There is also a pocket on each of the interior walls of
the wallet. Above one of these pockets is the name "Morgan
Taylor" stamped in gold. On the outside of one of these pockets
and over to the far edge is a black adhesive label bearing the
words "Made In Korea" in gold lettering. The label is
approximately one inch long and the lettering is approximately
1/16 of an inch in size. The label is obscured by one of the
side folds of the wallet, and is not readily visible unless the
wallet is fully opened.
ISSUE:
Whether the country of origin marking on the submitted
sample wallet complies with the requirements of 19 U.S.C. 1304.
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LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), requires, in general, that all articles of foreign origin
imported into the U.S. shall be legibly, conspicuously and
permanently marked to indicate the country of origin to the
ultimate purchaser in the U.S. Part 134, Customs Regulations (19
CFR Part 134), implements the country of origin marking
requirements and exceptions of 19 U.S.C. 1304. As provided in
section 143.41, Customs Regulations (19 CFR 134.41), the country
of origin marking is considered to be conspicuous if the ultimate
purchaser in the U.S. is able to find the marking easily and read
it without strain.
You assert that the adhesive label affixed to the sample
wallet is sufficiently secure to remain with the article until it
reaches the ultimate purchaser. We agree and note that Customs
has previously ruled that adhesive labels affixed to wallets,
"secure and permanent enough to remain on the wallet until the
ultimate purchaser receives the wallet," satisfy country of
origin marking requirements (HQ 730946, issued January 4, 1988).
It is our opinion that the adhesive label in this case would
survive normal handling; it is sufficiently permanent.
With regard to the conspicuousnes of the label, it is our
opinion that it is not easily found. The label is affixed to the
wallet in an inconspicuous location, i.e., it is partly obscured
by the side fold of the wallet. In addition, the label, itself,
is not conspicuous. That is, even when the wallet is fully
opened and the label is not obscured, it is not easily found due
to the fact that the label is black and is not easily
distinguishable from the dark blue background of the wallet.
Furthermore, the lettering is only 1/16 of an inch and is
difficult to read unless light is shining directly on the the
label and is reflected on the gold lettering. Consequently, we
find that the country of origin marking, in this case, is not
conspicuous. In addition, we note that the name "Morgan Taylor"
is readily visible when the wallet is even slightly open. We
suggest you place the country of origin label in that location or
one similarily conspicuous.
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HOLDING:
After careful examination of the submitted sample we find
that the country of origin marking does not satisfy the
requirements of 19 U.S.C. 1304 and 19 CFR 134.41.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch