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NY H85091

September 4, 2001

MAR-2 RR:NC:SP:236 H85091


Diane Weinberg
Meeks, Sheppard & Pillsbury, LLP
330 Madison Ave – 39th Floor
New York, NY 10017


Dear Ms. Weinberg:

This is in response to your letter dated August 14, 2001, requesting a ruling on whether the proposed marking "Made in Italy" is an acceptable country of origin marking for imported Baby Skincare Wipes. A marked sample was not submitted with your letter for review.

In your letter requesting a country of origin determination, you indicate the fabric used for manufacturing the baby wipes will be produced in Italy, France or the Netherlands and exported to Italy where the baby wipes are produced. The other ingredients for the manufacture of the baby wipes are produced in Italy. Based on your description of the process used to manufacture the baby wipes from the imported nonwoven fabric, the country of origin of the finished baby wipes is Italy.

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.

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 Deborah Walsh at 212-637-7062.


Robert B. Swierupski

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