Customs Ruling NY g88114 - f 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” 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. The clear language of 1304 requires “conspicuous” marking, and to this end 134.41(b) provides, in part, that 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 with

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NY g88114
May 07, 2001

Type : • HTSUS :
Related: 708994

CLA-2:RR:NC:3:341 G88114

Mr. David M. Murphy Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 245 Park Ave. New York, NY 10167-4000

Re. Handbags; Classification; Country of Origin Marking; HTS 4202.22.1500; from China

Dear Mr. Murphy:

In your letter dated March 28, 2001 you requested a country of origin marking and tariff classification ruling. The request is on behalf of Dooney and Bourke, inc.

The sample submitted is identified as style S914. It is a feedbag style handbag and measures approximately 10" high by 10.5 " wide at the top. The bag body is manufactured of top grain leather that is coated or covered on the grain surface with plastics. The exterior surface is then embossed with small yellow dots simulating an exotic grain. The interior is unlined and has one hanging pocket. The top center is closed by means of a gold tone tuck lock. A fabric label will be sewn into the inner side seam approximately 1 1/2 inches from the top. The label will illustrate the American, Italian and Chinese national flags. Beneath each appropriate flag will appear the words “American Design”, “Italian Leather” and “Chinese Crafting” in approximately 3-point size print (approximately 1/16th inch). The label has a black background with gold tone print. In the alternative, you have proposed using “Assembled in China” in lieu of “Chinese Crafting”. The coated leather is fabricated in Italy. The coated leather is shipped to China wherein the coated leather is fabricated into handbag components by cutting to shape. The bag is fabricated in China by combining the leather components with China fabricated handles, trim and hardware. The handbag is fabricated in China . It is said to be valued over $20 each. The sample will be returned as requested.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” 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. The clear language of 1304 requires “conspicuous” marking, and to this end 134.41(b) provides, in part, that 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. In this regard, we have noted that the concept of conspicuousness embraces two concerns: (1) visibility, which is concerned with the requirement that the marking must be able to be found easily, and (2) legibility, which is concerned with the requirement that the marking must be able to be read without strain. The country of origin marking should be presented in format that is conspicuous, made readily apparent, so that, at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. C.S.D.s 91-23, 83-79 and 79-379.

In addition 19 CFR 134.46, requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appear on a imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. HQ 708994 (April 24, 1978). The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.

The placement of the sewn in label in the seam not more than 1.5" from the top is acceptable if not obscured by other bag components specific to a particular bag. The contrasting gold tone against a black background is similarly acceptable. However, the print size and wording is not acceptable.

The use of the phrases “Chinese crafting” or “assembled in China” would not identify the actual country of origin wherein the goods are actually manufactured or produced. It is recommended that the handbag be marked “ Made in China”.

Regarding the print size employed to denote the country of origin marking, the size of the marking is very small (3-point type) thus the country of origin marking is not easy to read and that it does not comply with the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. §134.41(b). C.S.D.s 91-23, 83-79 and 79-379. It is recommended that the print be not less than 9-point type.

If placed as presented , worded and in a print as discussed above, the label would satisfy the requirement of 19 C.F.R. 134.41(b) and 134.46.

You have requested classification of the handbag within tariff number 4202.21, HTSUSA, which is the subheading for handbags of leather, with outer surface of leather, other. However, the Customs Laboratory has verified that the bag is composed of a leather base that is coated or covered on the exterior with plastics. The exterior surface constituent material is of a sheeting of plastics. The principles of the Court of International Trade in LenRon Manufacturing Co., Inc. v. United States, Slip Op 00-16, are noted. The handbag, item S914, is classified according to the composition of the exterior surface constituent material. The applicable subheading for style S914 will be 4202.22.1500, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for HANDBAGS, of leather, with an outer surface of sheeting of plastic or of textile materials, with outer surface of sheeting of plastic. The rate of duty will be 17.2 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Kevin Gorman at 212-637-7091.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division