MAR-2-05 CO:R:C:S 558735 DEC
Ms. Alison Leavitt
President, Chase, Leavitt (CHB), Incorporated
Ten Dana Street
Portland, Maine 04112
RE: Country of origin marking for shoe boxes; Box will contain imported shoes;
19 CFR 134.46; T.D. 86-129
Dear Madam:
This is in response to your letter dated September 2, 1994, on behalf of your
client, G.H. Bass & Company, concerning the country of origin marking requirements of
shoe boxes containing imported shoes.
FACTS:
G.H. Bass & Company intends to import shoes into the United States from
various countries. The shoe cartons that are the subject of this ruling request will be
filled with shoes from various countries including China, Taiwan, Korea, Hong Kong,
and Brazil. For purposes of this ruling, we are assuming that the various shoes will be
properly marked with their respective country of origin. The shoe carton at issue
contains a men's and women's shoe size chart on its bottom. The word "America"
appears as an item in the chart referring to the appropriate shoe size as compared to
other standards of measure in the United Kingdom, Mexico, Europe, and Japan. In
addition, a legend describing the humble beginnings of G.H. Bass & Company appears
on the inside panel of the shoe carton cover. The legend uses the word "America" in
its text.
ISSUE:
What are the country of origin marking requirements applicable to the shoe
boxes imported containing shoes as described above?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides
that, unless excepted, every article of foreign origin imported into the United States
shall be marked in a conspicuous place as legibly, indelibly, and permanently as the
nature of the article (or container) will permit, in such a manner as to indicate to the
ultimate purchaser in the United States the English name of the country of origin of the
article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate
purchaser should be able to know by an inspection of the marking on the imported
goods the country of which the goods is the product. The evident purpose is to mark
the goods so that at the time of purchase the ultimate purchaser may, by knowing
where the goods were produced, be able to buy or refuse to buy them, if such marking
should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302
(1940). Part 134 of the Customs Regulations implements the country of origin marking
requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs
Regulations (19 CFR 134.41(b), mandates that the ultimate purchaser in the United
States must be able to find the marking easily and read it without strain.
The marking requirements for unsealed disposable containers of imported
merchandise are set forth in 19 CFR 134.24(d)(3), Customs Regulations (19 CFR
134.24(d)(3). This section provides that ". . .if the container is normally opened by the
ultimate purchaser prior to purchase, only the article need be marked." Marking of
containers is also unnecessary if "the article is so marked that the country of origin is
clearly visible without unpacking the container." 19 CFR 134.24(d)(3). In
Headquarters Ruling Letter (HRL) 732271, dated April 27, 1990, Customs ruled that
unsealed cartons containing properly marked crystal glassware do not have to be
marked with the country of origin because pieces of crystal glassware are the kinds of
articles that an ultimate purchaser would remove from the carton to examine prior to
purchase. We noted in that ruling that a number of factors must be considered in
determining if the article involved is something that the ultimate purchaser would take
out of its carton to examine prior to purchase. Some of these factors are:
1. Whether a prospective purchaser will want to remove the
article from its container to inspect it to find out exactly what
he or she may be buying; and
2. Whether the article is the type which a prospective purchaser would be
likely to remove from its container in order to examine it prior to purchase
to see if it was broken or chipped.
We also noted that crystal glassware is the type of article likely to be put on display in
the store and that in the unlikely event the ultimate purchaser does not open the carton
prior to purchase, he or she would see the country of origin marking on the display
item.
Customs has determined that shoes and other footwear are articles that
individuals will typically remove from their box to see what they are buying prior to their
purchase. Furthermore, like the crystal in HRL 732271, shoes are often displayed in
stores so that consumers can observe them prior to purchase. Consumers usually will
look at shoes prior to purchase to examine the style and color, to glance at the size
information, and to observe the workmanship. In addition, consumers typically try on a
pair of shoes before purchasing them to check for comfort and fit. Consequently, they
are likely to see the country origin marking, if it is legible and in a conspicuous location.
In this case, if the shoes of foreign origin are conspicuously and legibly marked
with their country of origin, then marking the unsealed shoe box with the country of
origin of the shoes is unnecessary, provided that these boxes have no references to
localities other than the shoes' country of origin printed on them. Customs has
previously ruled that cardboard shoe boxes are disposable containers excepted from
marking with their own country of origin under 19 CFR 134.24(c)(1). See HRL 732283,
dated January 19, 1990.
However, you have asked for a ruling on the marking requirements of shoe
cartons that contain references of localities other than the actual country of origin of the
articles contained in the cartons. In connection with this issue, section 134.46,
Customs Regulations (19 CFR 134.46), provides that
In any case in which the words "United States," or "American,"
the letters "U.S.A.," any variation of such words or letters, or the
name of any city or locality in the United States, or the name of
any foreign country or locality other than the country or locality in
which the article was manufactured or produced, appear on an
imported article or its container, there shall appear, legibly and
permanently, in close proximity to such words, letters or name, and
in at least a comparable size, the name of the country of origin
preceded by "Made in," "Product of," or other words of similar meaning.
In T.D. 86-129, Customs specifically addressed the issue of the applicability of
section 134.46 in instances where the name of a country or locality other than the
country of origin appears on imported footwear or its container (shoe box). T.D. 86-129
sets forth the policy that
no shoe box will be treated as properly marked if the full or
abbreviated name of a country or locality other than the country
of origin appears anywhere on the shoe box in any context
(including, but not limited to, a size reference) and the requirements
of section 134.46, Customs Regulations are not satisfied. To satisfy
the close proximity requirement, the country of origin preceded by the
words "Made in" or "Product of" must appear near to and on the same
panel as the name of the country or locality other than the country of
origin. If the name of the country or locality other than the country of
origin appears on a side or top panel of the shoe box, marking the
bottom of the box will not be acceptable.
Therefore, Customs position as set forth in T.D. 86-129 is that the requirements
of section 134.46, Customs Regulations (19 CFR 134.46), are applicable whenever the
full or abbreviated name of a country or locality other than the country of origin appears
anywhere on the container of imported footwear regardless of whether the reference is
with respect to shoe sizes or to the history of the manufacturer.
A possible alternative to satisfy the requirements of section 134.46 in this case
is to attach product stickers stating the country of origin of the shoes to the bottom
panel of the shoe carton containing the size comparison chart and to the inside panel
of the shoe carton in close proximity to the reference to America. See HRL 734702,
dated November 25, 1992.
HOLDING:
Imported shoe cartons bearing a reference to a country or locality other than the
country of origin of the shoes contained in the cartons must be marked with the country
of origin of the shoes, preceded by the words "Made in", "Product of", or words of
similar meaning near to and on the same panel as the name of the country or locality
other than the country of origin. Thus, the references to America on the size chart and
on the inside panel of the shoe carton cover are unacceptable under 19 U.S.C. 1304
in the absence of a marking in close proximity to the American reference stating the
shoe's country of origin.
A copy of this ruling letter should be attached to the entry documents filed at the
time this merchandise is entered. If the documents have been filed without a copy, this
ruling should be brought to the attention of the Customs officer.
Sincerely,
John Durant
Director, Commercial Rulings Division