THE COUNTRY OF ORIGIN MARKING OF String Knit Gloves; ARTICLE 509

NY D88025 March 31, 1999 MAR-2 RR:NC:TAB:354 D88025 CATEGORY: MARKING Ms. Linda Baird Shelby Group International Inc. P. O. Box 171814 Memphis, TN 38187-1814 RE: THE COUNTRY OF ORIGIN MARKING OF String Knit Gloves; ARTICLE 509 Dear Ms.Baird: This is in response to your letter dated February 4, 1999, requesting a ruling on whether the proposed marking "Knitted in Mexico with U. S. Yarn or Made in Mexico with U. S. Yarn" is an acceptable country of origin marking for imported gloves. Several samples were submitted with your letter for review. You also inquire whether the U. S. origin PVC dots must be indicated on the gloves sewn and coated in Mexico. Three styles of ambi-dexterous string knit gloves constructed with 70% cotton 30% polyester yarn were submitted. Style 9500LD is a plain version with rib knit cuffs. Style 9650LD has PVC dots on one side from fingertips to wrist. Style 9660LD has PVC dots covering both sides from fingertips to wrist. 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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. 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 country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. As provided in section 134.41(b), Customs Regulations (19 C.F.R. §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 C.F.R. §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 C.F.R. §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. Providing the proposed marking of the imported string knit gloves, as described above, is conspicuous, legible and permanently marked in satisfaction of the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 it is an acceptable country of origin marking for the imported merchandise. With regard to the PVC dots of U.S. origin it is not required that this information be included in the country of origin marking. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. Part 181). 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 Brian Burtnik at 212-637-7083. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division