MAR-2-05 CO:R:C:V 732916 NL
Oscar J.J. Carillo
M.J. Carillo Company, Inc.
101 Carillo Road
Del Mar Industrial Park
Laredo, Texas 78041
RE: Country of Origin Marking of Palm Leaf Headwear
Dear Mr. Carillo:
This is in response to your letter of November 17, 1989, in
which you request a ruling that the country of origin marking of
certain headwear made by your client from palm leaves complies
with the country of origin marking requirements.
FACTS:
Your client, Vincente Fernandez, S.A., manufactures headwear
in Mexico from plaited or braided palm leaves which it sells to
numerous importers. The manufacturer proposes to stitch in yarn
on the front and sides of the crowns of the headwear the names of
various U.S. locations such as "Texas", "Yellowstone National
Park", "Disneyland", "Carlsbad Caverns" and the like. They will
be sold to tourists, vacationers and others at those locations in
the United States.
The Mexican origin of the hats will be marked on the inside
of the hats by means of an adhesive paper label bearing the words
"Made in Mexico" in lettering approximately 1/8" high. In
addition, the manufacturer proposes to rubber stamp the words
"Made in Mexico" on the insides of the crowns of the hats in
lettering of the same size. You have submitted photographs of
the hats with the U.S. names sewn to their outsides.
ISSUES:
Does the proposed country of origin marking of the hats
comply with the requirements of 19 CFR 134.46 and 19 CFR 134.47?
LAW & ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304) provides that, unless excepted, every article of foreign
origin 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.
Part 134, Customs Regulations (19 CFR Part 134) implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.46, Customs Regulations (19 CFR
134.46), provides in relevant part that when letters or words
indicating the name of a country or locality other than the
country of origin appears on an article, the name of the country
of origin must appear "in close proximity" to such letters or
words. Section 134.47, Customs Regulations (19 CFR 134.47),
creates a limited exception to this requirement by providing that
for souvenirs and articles marked with trademarks and trade
names, the marking of the country of origin may appear either "in
close proximity or in some other conspicuous location" (emphasis
added).
Inasmuch as we have not examined a sample of the headwear
with the country of origin marking, we cannot rule on its
acceptability. However, you state that the label is conspicuous
and unless deliberately removed, sufficiently permanent to
withstand ordinary handling to the point of sale to ultimate
purchasers in the U.S.
You have asked that we rule that section 134.47 is
applicable to these hats rather than section 134.46.
In our opinion, the subject headwear is a souvenir article
which bears souvenir marking which qualifies for the exception
set forth in section 134.47. Therefore, so long as the markings
"Made in Mexico" appearing on adhesive paper labels and stamped
on the inside of the crown of the headwear are legible,
conspicuous and permanent within the meaning of 19 U.S.C. 1304
and section 134.41, Customs Regulations (19 CFR 134.41), relating
to the method and manner of marking, the marking of the headwear
is acceptable.
HOLDING:
Headwear marked as set forth above is properly marked with
its country of origin as required by 19 U.S.C. 1304 and 19 CFR
134.47.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: District Director
Laredo, Texas