COUNTRY OF ORIGIN MARKING OF IMPORTED PILLOW SHELLS

NY C81028 November 19, 1997 MAR-2 RR:NC:TA:349 C81028 CATEGORY: MARKING Ms. Joan A. Fleischman Fairfield Processing Corporation 88 Rose Hill Ave. Danbury, CT 06813-1157 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PILLOW SHELLS Dear Ms. Fleischman: This is in response to your letter dated October 20, 1997 requesting a ruling on whether the proposed marking "Covering - Made in CHINA Further processing with fiberfill and finished in U.S.A." is an acceptable country of origin marking for imported pillow shells. A sample of the label was submitted with your letter for review. The pillow shells are to be manufactured in China from fabric which was formed in China. After importation the shell will be stuffed with polyester fiberfill that is made by your company. The stuffed shell is then sewn closed and finished. You submitted a copy of the label that will be sewn to the pillow shell. The label lists the name and location of your company, the fiber content, RN number and the phrases "COVERING - Made in CHINA" and "Further processing with fiberfill and finished in U.S.A." The words "DANBURY, CT", "CHINA" and "U.S.A." are the same size and all of the information is set out on the same side of the label. 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 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, 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. The proposed marking of imported pillow shells, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported shells. 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 212-466-5854. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division