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NY B89327

September 26, 1997

MAR-2 RR:NC:3:353 B89327


Mr. G. K. Gibson
I. I. & E. Group
PO Box 1, Twickenham, TW2 6AP,
"Middx", UK

RE: THE COUNTRY OF ORIGIN MARKING OF rubber wearing apparel.

Dear Mr. Gibson:

This is in response to your letter dated August 25, 1997, received in our office on September 4, 1997, requesting a ruling on whether the proposed marking "Made in England" is an acceptable country of origin marking for imported rubber wearing apparel. A marked sample was submitted with your letter for review.

The submitted sample is a mens's brief consisting of rubber material. Also included with your letter is a photo copy of a rubber bathing suit and two swatches of rubber material. You also have inquired about the marking of rubber clothing, stockings, from underwear to dresses.

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.

Your proposed marking of using a gummed label bearing the country of origin on imported rubber wearing apparel, would be acceptable if as described above, if it is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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


Robert B. Swierupski

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