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NY B82560

March 21, 1997

MAR-05-CO:RR:NC:WA:353 B82560


Mr. Ulrich Henssge, VP
European Dynamics International
P.O. Box 46427
Lawrenceville, GA 30246

RE: The marking of a aprons from Mexico

Dear Mr. Henssge:

In your letter dated February 12, 1997, received in our office on February 25, 1997 you requested a ruling concerning the country of origin marking requirements for certain aprons from Mexico.

You state that the aprons will be imported in bulk for the Home Depot and will printed with their logo. The aprons will be shipped to the Home Depot for the use of the store employees and once soiled will be discarded. Home Depot will not offer these aprons for sale as they will be the ultimate purchaser of the goods.

Country of Origin/Marking Requirements Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles 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 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 or origin marking requirements and exceptions of 19 U.S.C. 1304.

Pursuant to 19 U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), an exception from individual marking is applicable where the marking of the container of an imported article will reasonably indicate the origin of the article. This exception is normally applied in cases where the imported article(s) is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser in the United States will receive it in its original marked container.

Accordingly, if the aprons are imported in bulk and so delivered to the Home Depot, who will be the ultimate purchaser, the container of the bulk packed aprons must be marked legibly and in a conspicuous place "Made in Mexico" and the aprons do not have to be individually marked with the country of origin.

However, under the Textile Fiber Products Identification Act (15 U.S.C. 70) and its regulations (16 CFR 303) other, additional marking and labeling requirements may apply. We would advise you to consult the Federal Trade Commission, Washington, D.C. 20580 for definitive guidance on this point. It is noted that in general, these requirements would appear to apply to cotton aprons, and that textile articles are ordinarily subject to marking and labeling separately from any marking which may appear on the article's packaging or trade dress.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Martin Weiss at 212-466-5881.


Paul K Schwartz
Chief, Apparel & Textile Branch

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