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NY R04158

June 21, 2006

MAR-2 RR:NC:TA:349 R04158


Ms. Sandra Tovar
CST, Inc.
500 Lanier Ave. West, Suite 901
Fayetteville, GA 30214


Dear Ms. Tovar:

This is in response to your letter dated June 9, 2006 requesting a ruling on whether marking the container with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for imported bed linen and table linen. A marked sample was not submitted with your letter for review. This request is made on behalf of Hilden America.

Your client imports high end table linen and bed linen for sale to exclusive hotels and cruise ship lines. These products are used in those facilities and are not resold by the hotels or cruise lines. The linens will not be sold at retail. The table linen and bed linen will be packed in sealed plastic packages. The sealed poly bags are placed inside cartons. The outer cartons are marked with the country of origin, product number, color, size and quantity. The cartons are not broken down after importation and are sold to the institutional buyer as a full carton.

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 table linen and bed linen are sold to hotels and cruise ship lines. They use the products in their establishments. The hotels and cruise ship lines are the ultimate purchasers of the table linen and bed linen. These products, which are imported and sold in sealed cartons 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 table linen 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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