MAR-2 OT:RR:NC:N3:349
Mr. Justin Bowman
Family Dollar, LLC
10301 Monroe Road
Matthews, NC 28105
RE: THE COUNTRY OF ORIGIN MARKING OF TOWELS
Dear Mr. Bowman:
This is in response to your letter dated July 13, 2017 requesting a ruling on whether the proposed marking on the retail packaging is an acceptable country of origin marking for imported towels. Photographs were submitted with your letter for review in lieu of marked samples; however, marked samples were provided upon request.
SKU 1513344 is a set of white terry towels constructed from 100 percent cotton fabric. The set contains six towels sold in a rolled bundle wrapped with a tubular coated paper label. The paper label does not adhere to the towels; however, the label which is coated with plastic making it difficult to tear maintains the towels in the bundle until it is removed by the ultimate purchaser. The paper label is marked “Made in Pakistan” in close proximity to the washing instructions, fiber content, SKU number and bar code. The towels are not individually marked. The cleaning towels are marketed for auto and household uses and will be displayed at retail in the automotive department.
SKU 1500015 is a set of microfiber cleaning towels made of 80 percent polyester and 20 percent polyamide. The set of 10-14 towels are packaged together in a sealed clear plastic bag. The plastic bag is marked “Made in China” in close proximity to the washing instructions, fiber content, SKU number and bar code. The towels are not individually marked. The cleaning towels are marketed as multipurpose for automotive, household and industrial uses and will be displayed at retail in the automotive department.
SKU 1581902 is a set of microfiber towels made of 78 percent polyester and 22 percent nylon. The set contains four multi-colored towels sold in a rolled bundle wrapped with a tubular coated paper label. The paper label does not adhere to the towels; however, the label which is coated with a plastic making it difficult to tear does maintain the bundle until it is removed by the ultimate purchaser. The paper label is marked “Made in China” in close proximity to the washing instructions, fiber content, SKU number and bar code. The towels are not individually marked. The cleaning and polishing towels are marketed as multipurpose polishing and cleaning cloths for automotive and household uses and will be displayed at retail in the automotive department.
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. 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 are the product. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs and Border Protection is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the towels by viewing the container in which they are packaged, the individual towels would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the towels are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported towels provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
In HQ 732793, December 20, 1989, Customs held that industrial gloves imported in a sealed polybag with a paper insert stating “TO BE SOLD BY THE DOZEN ONLY…MADE IN TAIWAN R.O.C.” may be excepted from individual marking. However, in HQ 734681, dated October 16, 1992, gloves imported with only a paper band with the country of origin on the band only were found to not meet the marking requirements as the paper band was found to not be sufficiently secure to be certain that the ultimate purchaser would receive the gloves properly marked. The gloves were found to be too easily removed and the paper band, too fragile. However, in this case, the towels identified as SKU 1513344 and SKU 1581902 are not easily removed from the band and the reinforced plastic coated paper is able to withstand its integrity until removed by the ultimate purchaser.
The imported towels, SKUs 1513344, 1500015 and 1581902, 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 are acceptable country of origin markings for the imported towels.
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 Kim Wachtel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division