THE COUNTRY OF ORIGIN MARKING OF UMBRELLAS

N088895 January 5, 2010 MAR-2 OT:RR:NC:N3:351 CATEGORY: MARKING Ms. Yvonne Whitley Rosette Handbags & Accessories 10 W. 33 St. New York, NY 10001 RE: THE COUNTRY OF ORIGIN MARKING OF UMBRELLAS Dear Ms. Whitley: This is in response to your letter dated Dec. 22, 2009, requesting a ruling on whether the proposed marking “Country of Origin China” is an acceptable country of origin marking for imported umbrellas. A marked sample was submitted with your letter for review. The sample you submitted, an umbrella with telescoping handle, comes inside a matching sleeve. The sleeve completely covers the handle. A label reading “Country of Origin China” is glued onto the knob of the handle. If the sleeve is pulled over the handle, the label is not readily visible. If the umbrella is not further packaged, that is, if it is sold unwrapped, the consumer at retail will in all likelihood notice the label. If, however, there is packaging preventing the consumer from examining the umbrella, the label will likely be unseen. In addition, there is a sewn-in label inside the umbrella that reads “FRANCO SARTO / MADE IN CHINA / BODY/TRIM 100% POLYESTER / RN 108833.” 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. In this case, the retail consumer is considered the ultimate purchaser. 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. 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 of imported umbrellas, as described above and assuming no outer retail packaging, 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 umbrellas. If there is retail packaging, that outer packaging would have to be marked with the country of origin. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”). 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 Mitchel Bayer at (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division