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NY D81567

September 9, 1998

MAR-2 RR:NC:3:353 D81567


Tine Hoffmeister
TIMI Copenhagen
41 High Rock Road
Sandy Hook, CT 06482


Dear Mr./Ms. Hoffmeister:

This is in response to your letter dated August 19, 1998, requesting a ruling on whether the proposed marking "Made in Korea" is an acceptable country of origin marking for an imported scarf if another marking "Charlotte Sparre DENMARK" appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was submitted with your letter for review and is being retained by this office.

The submitted sample is a silk scarf which measures 21 inches x 21 inches and is made in Korea and designed in Denmark. There is a sewn in label which states "Charlotte Sparre DENMARK" on one side and states "100% silk" with washing instruction symbols on the other side. Attached to the sewn in label is a hang tag which states "Charlotte Sparre DENMARK" on one side and states "Made in Korea" on the other side. On both the sewn in label and hang tag the word "Charlotte Sparre" is in script and the word "Denmark" is in printed capital letters. The statement "Made in Korea" is in a different print and uses mostly lower case lettering.

The two contrasting types of print which state "Charlotte Sparre DENMARK" give the distinct impression that the item is indicating a location or is a product of Denmark.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. In the instant case, the sewn in label has no indication as to the country of origin. The hang tag has the statements "Made in Korea" and "DENMARK" on reverse sides, and the statements are of different size lettering.

The proposed marking of the imported scarf, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported scarf. Both the sewn in label and the hang tag must have "Made in Korea" on the same side where "DENMARK" appears and all lettering must be of comparable size.

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 Kenneth Reidlinger at 212-466-5881.


Robert B. Swierupski

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