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NY R04179




July 12, 2006

MAR-2 RR:NC:TA:350 R04179

CATEGORY: MARKING

Mr. Ashok K. Bhagat
JP Impex Corporation
3506 Highway 6 South, #225
Sugar Land, TX 77478

RE: THE COUNTRY OF ORIGIN MARKING OF NONWOVEN JUTE UNDERLAYS FOR CARPETS AND MATTRESSES, FROM INDIA

Dear Mr. Bhagat:

This is in response to your letter received in this office on June 13, 2006, requesting a ruling on the country of origin marking for imported nonwoven jute underlays. No sample of any kind was submitted with your letter for our review.

In your request you indicate the imported underlays will be in a form not for retail sale, in rolls or in cut sheets of specific dimensions. For purposes of this ruling we will assume the cut sheets will be square or rectangular in shape.

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.

Additionally, 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. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

There is no requirement that textile products, like this nonwoven jute underlay, must be marked with the country of origin at regular intervals along their length or width. In general, textile fabrics in the piece are marked on the paper rolls or cores, with hang tags, with sewn in labels, etc.

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 (646) 733-3044.

Sincerely,

Robert B. Swierupski
Director,

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