THE COUNTRY OF ORIGIN MARKING OF BFF-kins, “For Kids, Created by Kids” Paper Napkins from China

N183576 September 27, 2011 MAR-2 OT:RR:NC:2:234 CATEGORY: MARKING Mr. James Scott Ratliff 3 Hugs, L.L.C. 4704 Regal Oaks Rd. Glen Allen, VA 23059 RE: THE COUNTRY OF ORIGIN MARKING OF BFF-kins, “For Kids, Created by Kids” Paper Napkins from China Dear Mr. Ratliff: This is in response to your letter dated September 7, 2011 requesting a ruling on whether the proposed marking as described below, is an acceptable country of origin marking for imported napkins. You submitted photographs of disposable napkins which are made of paper. The napkin is constructed of a 1 ply tissue paper that measures approximately 30 centimeters x 30 centimeters when fully opened. It is a pre-folded, white paper napkin with children’s drawings of various scenes or objects. The packages are wrapped with clear plastic in quantities of 200 napkins. Printed on the label is the brand name BFF-kins, “For Kids, Created by Kids”, fiber content, the “Made in China” marking, the napkin size in centimeters, email address, business address, quantity and the UPC bar code. 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. The napkins will be sold to retail stores and will be used at the consumer’s home. The consumers are the ultimate purchasers of the imported napkins. 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. It is the opinion of this office that the “Made in China” marking on the BFF-kins, “For Kids, Created By Kids” paper napkins label in the enlarged depiction of the marking label submitted with this request is conspicuous and is sufficiently affixed to reach the ultimate purchaser. The label satisfies the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported napkin. 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 Albert Gamble at (646) 733-3037. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division