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NY M84763

July 19, 2006

MAR-2 RR:NC:TA:349 M84763


Ms. Kim Rubalcaba
Attn: Import Compliance
Pier 1 Imports, Inc.
100 Pier 1 Place, Level 16
Fort Worth, TX 76102


Dear Ms. Rubalcaba:

This is in response to your letter dated June 23, 2006 requesting a ruling on whether pressure sensitive labels are an acceptable country of origin marking for imported textile furnishings. Marked samples were submitted with your letter for review.

You submitted a placemat and napkin as representative samples of the textile furnishings that your company imports. A pressure sensitive plastic label is affixed to one side of these items. The clear label measures approximately 1.75 x 3 inches. Printed on the label are the fiber content, country of origin, the name of your company, care instructions, item name, UPC and SKU, size of product in inches and centimeters and the retail price.

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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), mandates that the ultimate purchaser in the U.S. must be 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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the table linen is the consumer who purchases the product at retail.

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.

It is the opinion of this office that the pressure sensitive plastic label on the submitted placemat and napkin is conspicuous and is sufficiently affixed to reach the ultimate purchaser. The label satisfies the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported napkin, placemat and other textile furnishings.

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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