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HQ 732916

January 26, 1990

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.


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.


Does the proposed country of origin marking of the hats comply with the requirements of 19 CFR 134.46 and 19 CFR 134.47?


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.


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.


Marvin M. Amernick
Chief, Value, Special Programs

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