THE COUNTRY OF ORIGIN MARKING OF LEATHER BASEBALL GLOVES

NY F89869 August 24, 2000 MAR-2 RR:NC:TAB:354 F89869 CATEGORY: MARKING Mr. Dave Yamasaki Easton Sports, Inc. 7855 Haskell Avenue Suite 200 Van Nuys, CA 91406-1902 RE: THE COUNTRY OF ORIGIN MARKING OF LEATHER BASEBALL GLOVES Dear Mr. Yamasaki: This is in response to your letter dated July 17, 2000 requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported leather baseball gloves. A sample was submitted with your letter. In your letter you ask whether U. S. Customs requires that the country of origin be stamped on the product, in this case a leather baseball glove. As an alternative you wish to print the country of origin marking on the UPC and CE label tags. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 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 CFR 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 CFR 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. The proposed marking if located at the wrist on sewn-in labels easily visible to the ultimate purchaser, as described above, is conspicuously, legibly and permanently marked in satisfaction of 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 leather baseball glove. 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 Brian Burtnik at 212-637-7083. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division