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NY L85640

June 30, 2005

MAR-2 RR:NC:N3:349 L85640


Ms. Molly Vilhauer
1888 Mills, LLC
One South 660 Midwest Road, Ste. 320
Oakbrook Terrace, IL 60181


Dear Ms. Vilhauer:

This is in response to your letter dated June 17, 2005 requesting a ruling on whether the proposed paper label is an acceptable country of origin marking for imported towels and bed linen. A marked sample was submitted with your letter for review.

You import towels and bed linen for sale to institutional buyers such as hotels, motels, resorts, hospitals and other institutions. These products will not be sold at retail. The towels and bed linen will be packed in multiples of 6 and sold to the institutions in sealed plastic packages. The sealed poly bags are placed inside cartons or wrapped in bales. The sealed plastic package is the individual unit of sale to the institutional buyer and will not be broken down further. The sample towel has a sewn in paper label with the country of origin. In close proximity to the paper label is a sewn in textile label with a company name, fiber content and RN #. The paper label is visible through the plastic package. 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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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.

Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. Additionally, section 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.

The towels and bed linen are sold to hotels, motels, resorts, hospitals and other institutions. They use the products in their establishments. The hotels, motels, resorts, hospitals and other institutions are the ultimate purchasers of the towels and bed linen. These products, which are imported and sold in sealed poly bags that are marked as described above, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and the marking is considered acceptable country of origin marking for the imported towels and bed linen.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 646-733-3043.


Robert B. Swierupski

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