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NY C81923

December 16, 1997

MAR-2 RR:NC:TA:349 C81923


Ms. Rheci Abustan
CHF Industries, Inc.
One Park Avenue
New York, NY 10016


Dear Ms. Abustan:

This is in response to your letter dated November 18, 1997 requesting a ruling on whether the proposed marking "Made in India" is an acceptable country of origin marking for imported textile furnishings. A sample of the proposed label was submitted with your letter for review.

You have submitted a fabric label that will be sewn to textile furnishings such as pillow covers, duvets, bed linen and shams. The label is made from a woven fabric and measures approximately 1 x 3.5 inches. It contains the phrase "PERI HOMEWORKS COLLECTIONS", the name of your company, the fiber content, cleaning instructions and the phrase "MADE IN INDIA". The fiber content, cleaning instructions and country of origin are in English and two other languages. All of the lettering is woven into the label using a colored yarn that contrasts against the base color. Except for the "PERI HOMEWORKS COLLECTION" all of the lettering on the label is 1/16 inch high.

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.

If the submitted label, as described above, is sewn to a textile furnishing in a readily accessible location, the proposed marking would be considered conspicuous, legible and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and would be an acceptable country of origin marking for the imported furnishings.

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 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 John Hansen at 212-466-5854.


Robert B. Swierupski

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