MAR 2-05 CO:R:C:V pmh
Mr. Leonard M. Fertman
2049 Century Park East, Suite 1800
Los Angeles, CA 90067
RE: Country of origin marking requirements for imported footwear.
Dear Mr. Fertman:
This is in response to your letter of March 3, 1988, on
behalf of your client, Payless Drug Stores, Northwest, requesting
a ruling on country of origin marking requirements for imported
footwear.
FACTS:
The submitted samples consist of three different styles of
footwear: a moccasin, a beach sandal and a woman's athletic shoe.
The moccasin is a three-tone shoe with an interior of dark blue.
Inside the back of the shoe is a clear vinyl label which is
attached with adhesive. On the label are the words "GENUINE
LEATHER UPPER, MADE IN TAIWAN R.O.C." The lettering is gold-
colored and approximately 1/8 of an inch in size. The beach
sandal is a grey slip-on. Affixed to the heel portion of the
inner sole of the sandal is a clear vinyl label similar to the
one used on the moccasin. On the label, in gold-colored
lettering 1/8 of an inch in size, are a stock number, the size
and the words "ALL MAN MADE MATERIALS, MADE IN TAIWAN R.O.C."
The third sample is a white woman's athletic shoe with pink terry
cloth interior. Inside the the shoe is a white paper label with
an adhesive back. At the time of examination, the label was not
attached to the shoe, but rather was loose inside the shoe.
Printed on the label in black lettering, approximately 1/16 of an
inch in size, are the size, a lot number and the words "ALL MAN
MADE MATERIALS, MADE IN TAIWAN R.O.C."
You have indicated that one of the styles will be sold in
clear vinyl bags on which the words "MADE IN TAIWAN R.O.C."
appear. However, no such bag has been submitted for examination
and it is not clear from your letter whether the beach sandals or
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the woman's athletic shoes will be packaged this way. We are not
able to issue an opinion on this method of marking without
further information.
ISSUE:
Whether the proposed country of origin markings on the
submitted sample footwear complies with the requirements of 19
U.S.C. 1304.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), requires that, unless excepted, every article of foreign
origin imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article will permit in such a manner as to indicate to an
ultimate purchaser in the U.S. the English name of the country of
origin of the article. Part 134, Customs Regulations (19 CFR
Part 134), 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)), provides that the marking of an
imported product must be conspicuous enough so that the ultimate
purchaser will be 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. However,
section 134.44, Customs Regulations (19 CFR 134.44), provides
that except for articles which are the subject of a ruling by the
Commissioner of Customs or those articles classifiable in an item
number specified in section 134.43, Customs Regulations (19 CFR
134.43) (not applicable here), 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.
After careful examination of the submitted samples, we have
concluded that the country of origin markings on the moccasin and
the beach sandal are sufficiently conspicuous and permanent to
meet the requirements of 19 U.S.C. 1304. The label used on the
sample sandal and the sample moccasin is found easily and may be
read without strain. The gold-colored lettering contrasts
conspicuously with the respective grey and blue backgrounds of
the shoes and the placing of the label in each shoe makes it
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readily visible. In addition, the label on each shoe is attached
to a flat surface with a strong adhesive that should withstand
normal handling and remain on the shoe at least until the shoe
reaches the ultimate purchaser.
With regard to the woman's athletic shoe, we find that the
country of origin marking is not sufficiently permanent to meet
the requirements of 19 U.S.C. 1304. At the time the sample was
examined, the label bearing the country of origin marking was not
attached to the shoe, but rather was loose within the shoe. It
appeared that the adhesive-backed label was meant to be affixed
to the inside of the shoe and that the terry cloth interior did
not maintain the adhesion. It is our opinion that due to the
rough surface of the terry cloth, adhesive alone, is not
sufficient to keep a label affixed to the interior of the shoe.
Either the label should be secured by some additional means other
than adhesive, such as a staple or a stitch, or it should be
affixed to some other conspicuous surface of the shoe which is
smooth enough to permit adhesion.
We further suggest that the label on the woman's athletic
shoe be enlarged and that the lettering regarding the country of
origin be at least 1/8 of an inch.
HOLDING:
Based on the above considerations and review of the
submitted materials, we find that the submitted moccasin and
beach sandal are legally marked pursuant to 19 U.S.C. 1304 and 19
CFR 134.44. We further find that the country of origin marking
on the woman's athletic shoe is not permanent, and therefore, not
in compliance with 19 U.S.C. 1304.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch