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NY N006072

February 28, 2007

MAR-2 RR:NC:WA:361


Mr. Mark Rave
Director of Logistics
Ariat International, Inc.
3242 Whipple Road
Union City, CA 94587


Dear Mr. Rave:

This is in response to your letter dated January 24, 2007 requesting a ruling on whether the proposed marking "Made in Thailand" is an acceptable country of origin marking for an imported polo shirt if another marking which is the trademark for the U.S. Equestrian Federation, appears on the article. A marked sample was submitted with your letter for review.

The submitted garment is a woman’s pique knit sleeveless polo shirt. The garment is marked “Made in Thailand” on a loop label sewn to the nape of the neck, mid way between the shoulders, which is the acceptable location for the marking of this type of garment. Three items are attached to this loop label via a string. The center item is the trademark of the U.S. Equestrian Federation, which includes both the name of the organization, and the letters USA.

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.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location". Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness.

The proposed marking of imported polo shirt, as described above, satisfies the marking requirements of 19 CFR 134.47 and is an acceptable country of origin marking for the imported.

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 Angela DeGaetano at 646-733-3052.


Robert B. Swierupski

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