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NY 805806

January 31, 1995

MAR-2 S:N:N6:349 805806


Mr. Dick Greenberg
The Hilasal Company
1501 Northwest 82nd Avenue
Miami, Florida 33126-1899

RE: THE COUNTRY OF ORIGIN MARKING OF a towel from El Salvador.

Dear Mr. Greenberg:

This is in response to your letter dated December 23, 1994, received in our office on January 18, 1995, requesting a ruling on whether the proposed marking "Made in El Salvador" is an acceptable country of origin marking for imported towel. A marked sample was submitted with your letter for review.

A blue cotton hand towel was submitted to this office. The towel is made of 100 percent cotton terry toweling material and it measures 38.5 centimeters by 69.5 centimeters. All of the edges of the towel are hemmed. At each end of the towel approximately 8 centimeters from the edge there is a flat woven area with an inverted "v" shape design.

The submitted sample has a sewn-in-label. The front portion of the label contains your company name (Hilasal), fiber content (100 percent cotton), and "Made in El Salvador". The reverse side contains 100 percent algodon (cotton), Hecho en (Made in) El Salvador, an RN number, and the washing instructions.

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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. 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 imported towels , 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 towel.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70K) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labelling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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