The Country of Origin Marking of a Storage Sack

N266942 August 20, 2015 MAR-2 OT:RR:NC:N3:351 CATEGORY: Marking Ms. Keira A. Mann Tigers (USA) Global Logistics, Inc. 20844 72nd Avenue South Kent, WA 98032 RE: The Country of Origin Marking of a Storage Sack Dear Ms. Mann: In your letter dated July 14, 2015, you requested a ruling on behalf of your client, Cascade Designs, Incorporated as to whether the proposed method of marking is acceptable marking for imported sacks. A marked sample of the sack and its contents was submitted with your letter for review. The sample you submitted, is a storage sack, imported empty from China. The storage sack is approximately 16" in height with a circumference of 26" and is composed of 100% woven polyester fabric. It has a drawstring closure top and a woven one inch loop attached to the side that will enable the sack to be attached to a backpack. The sack is the outer packaging for the camp and comfort mattress, and it is a convenient way to store and carry the mattress. After importation of the sack, you state that a mattress will be inserted into the sack, and then sold as a complete unit. You state that the sack with the mattress included would reach the end consumer with the proposed three tags attached, but as stated, only the outer sacks will be imported into the U. S. with the proposed three tags attached. The first of three proposed tags/labels is a paperboard product description booklet/hang tag containing information on the mattress that will be contained within the sack, which will be attached to the outside of the sack on the attached loop. The words “Printed in China” appear on the last page of the booklet. The two additional tags/labels are sewn in the inside seams of the storage sack. One of the labels is a 1" x 1 ½ " rectangle placed approximately 4 inches from the top opening of the sack in the seam. The label clearly states, “Stuff sack made in China.” The final label is 3" x 4" and that label addresses the Federal Trade Commission marking requirement regarding country of origin, fiber content, and other information for the contents of the sack. The label states “Made in U.S.A. of U.S. and imported materials,” which is the same wording that is printed on the mattress submitted. 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 imported storage sack, as described above and assuming that there will be no additional 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 storage sack. Please note that separate Federal Trade Commission marking requirements exist regarding whether a product may be marked with indications of U.S. origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 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"). Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.The sample will be returned as requested.This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Adleasia Lonesome at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division