MAR-2-05 CO:R:C:V 731463 lw
Mr. John B. Pellegrini
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608
RE: Country of origin marking requirements for imported
footwear.
Dear Mr. Pellegrini:
This is in response to your letter of May 24, 1988,
requesting a binding ruling concerning the proper country of
origin marking for footwear imported by your client, Reebok
International, Ltd. ("the importer"). Five models of footwear,
each illustrating the different forms and placements of marking
used by the importer were submitted. You request a separate
ruling for each article submitted. You indicate, however, that
your client imports approximately 300 different models of shoes.
We believe it would be impractical and excessively time-consuming
for Customs to issue a separate ruling for each model.
Therefore, in view of this consideration and for reasons set
forth below we are providing one ruling which is binding on all
the models submitted, and should help your client with regard to
other models.
FACTS:
On each sample the country of origin is marked adjacent to
the United States, United Kingdom, and European footwear size on
a sewn-in cloth label. The labels are placed in the following
locations on the interior of the shoes: on the tongue
approximately midway between its top and bottom; on the side seam
of the tongue approximately midway between the top and bottom;
and on the side of the shoe below the first shoelace holes (those
closest to the ankle opening). One of the labels is marked by
hyphenating the country of origin Philippines to read "Philip-
pines."
ISSUE:
Whether Philippines can be written in hyphenated form as
"Philip-pines" for country of origin purposes?
Whether marking the country of origin on sewn-in labels
placed in the shoe's interior at the midsection of the tongue, or
at the midsection of the tongue's sideseam, or at the interior
edge of the shoe below the first shoelace holes, complies with
country of origin marking requirements?
- 2 -
LAW AND ANALYSIS:
As to the first issue, section 134.45(a), Customs
Regulations (19 CFR 134.45(a)), provides that the markings
provided by this part shall include the English name of the
country of origin, unless other marking to indicate the English
name of the country of origin is specifically authorized by the
Commissioner of Customs. Notice of acceptable markings other
than the English name of the country of origin shall be published
in the "Federal Register" and the "Customs Bulletin." Section
134.45(b) states that abbreviations which unmistakenly indicate
the name of a country ... are acceptable. Customs has previously
ruled that hyphenating the word Philippines is an acceptable
method of marking. (727843 LR; July 3, 1985).
Concerning the second issue, section 304 of the Tariff Act
of 1930 as amended (19 U.S.C.1304), requires that every article
of foreign origin (or its container) imported into the United
States 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 the English name of the country of origin of
the article (emphasis added). Section 134.41(b), Customs
Regulations (19 CFR 134.41(b)), requires that the ultimate
purchaser in the U.S. must be able to find the marking easily and
read it without strain.
HOLDING:
With regard to the first issue, as indicated above,
hyphenating the word Philippines is an acceptable method of
marking the country of origin.
With regard to the second issue, while Customs has
previously ruled that marking the country of origin on a label
sewn into a tongue's interior is conspicuous, we find that all
the shoe samples submitted in this case are not conspicuously
marked, and are therefore in violation of 19 U.S.C. 1304. We
suggest that the importer exercise careful control over the
placement of country of origin labels to ensure that they are
conspicuous, and readily visible to the consumer.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
1cc: CLA-2 CO:R:C:V:LWEDDELL:LDC:6/22/88
Mr. John B. Pellegrini
Ross & Hardies
529 Fifth Avenue
New York, NY 10017-4608