THE COUNTRY OF ORIGIN MARKING OF BASEBALL-STYLE CAPS.

N208555 March 15, 2012 MAR-2 OT:RR:NC:N3:353 CATEGORY: MARKING Mr. Jeffrey A. Renaut A & A Ltd. Union Square Office Centre 174 Union Street 4th Floor New Bedford, MA 02740-6385 RE: THE COUNTRY OF ORIGIN MARKING OF BASEBALL-STYLE CAPS. Dear Mr. Renaut: This is in response to your letter dated February 29, 2012, on behalf of Ahead LLC, requesting a ruling on whether the proposed country of origin marking on the underside of a sewn-in label is an acceptable country of origin marking for imported baseball-style caps. A marked sample was not submitted with your letter for review. However, a photo copy of the current label was attached to your letter. 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 the instant situation, the proposed country of origin marking on the underside of the label is not conspicuous. In Headquarters Rulings 733157, dated April 23, 1990, and 731727, dated June 16, 1989, CBP ruled that a country of origin marking on the back of a label is not easy to find and is not conspicuous, as the ultimate purchaser should not have to fold over the label to read the country of origin marking. Consequently, the proposed marking on the underside of the label is not a conspicuous location for the placement of the country of origin marking and does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 Kimberly Praino at (646) 733-3053. Sincerely, Thomas J. Russo Director National Commodity Specialist Division