MAR 2-05 CO:R:C:V 732468 pmh
Mr. John B. Pellegrini
Ross & Hardies
529 Fifth Avenue
New York, NY 10017-4608
RE: Country of origin marking requirements for imported footwear
Dear Mr. Pellegrini:
This is in response to your letter of June 9, 1989,
submitted on behalf of your client, Reebok International, Ltd.,
requesting reconsideration of Headquarters Ruling Letter 731463,
dated June 24, 1988.
FACTS:
In the original submission of May 24, 1988, you requested a
ruling on different forms and placement of country of origin
marking used on imported footwear. In each of the sample shoes
submitted with that request, the country of origin marking
appeared on a fabric label sewn into the interior of the shoe.
The labels were placed in the following locations: on the tongue
approximately midway between the top and the bottom (for the
purposes of this ruling, the top is the part of the tongue
closest to the ankle and the bottom is the end of the tongue that
is stitched into the shoe); on the side seam of the tongue
approximately midway between the top and the bottom; and on the
side of the shoe below the first shoelace holes. In HQ 731463,
issued June 24, 1988 Customs held that the marking on each of the
shoe samples submitted was not conspicuous and therefore, they
were in violation of 19 U.S.C. 1304.
You request reconsideration of our previous ruling and state
that the importer has made efforts to comply with HQ 731463. You
have submitted three different samples of imported footwear, each
exhibiting a different type of marking. As in the previously
submitted samples, on each of these samples the name of the
country of origin appears on a fabric tag which also bears the
U.S., United Kingdom and European footwear size. The tags are
sewn into the interior of the shoes at the following locations:
-2-
on the underside of the tongue approximately in the top 1/3
portion of the tongue directly below a fabric label bearing
additional product information; on the side seam of the tongue
approximately midway between the top and the bottom; and in the
side of the shoe below the first shoelace holes (those closest to
the ankle opening). You wish to know whether all or any of these
are acceptable.
ISSUE:
Whether marking the country of origin on tags sewn into a
shoe's interior at the top 1/3 of the tongue; on the side seam of
the tongue approximately midway between the top and the bottom;
and in the side of the shoe below the first shoelace holes,
complies with the country of origin marking requirements.
LAW AND ANALYSIS:
As you are aware, 19 U.S.C. 1304 requires, in general, that
all articles of foreign origin imported into the U.S. be legibly,
conspicuously and permanently marked to indicate the country of
origin to the ultimate purchaser in the U.S. Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304. As
provided in 19 CFR 134.41, the country of origin marking is
considered to be conspicuous if the ultimate purchaser in the
U.S. is able to find the marking easily and read it without
strain.
We have carefully examined the three sample methods of
marking submitted and find that marking the footwear by means of
a fabric tag stitched to the underside of the tongue at
approximately the top 1/3 portion of the tongue or a fabric tag
stitched in the side of the shoe, just below the first two
shoelace holes, is acceptable. It is our opinion that an
ultimate purchaser would inspect a shoe for the shoe size before
buying it and that a casual inspection would readily reveal the
tag stitched onto the underside of the tongue at approximately
the top 1/3 portion of the tongue. Likewise, we find that such
an inspection would also likely reveal the tag stitched in the
side of the shoe just below the first two shoelace holes.
-3-
With regard to the tag stitched into the side seam of the
tongue, midway between the top and the bottom, we find such
placement is not readily conspicuous. If the shoes are partially
laced, the country of origin mark is totally obscured. In our
opinion, it is not unlikely that the shoes would be partially
laced at the time of purchase, in which case the ultimate
purchaser would not easily find the country of origin marking.
Consequently, we find the marking is not conspicuous and,
therefore, not acceptable for marking purposes.
HOLDING:
Based on all the factors in this case and after careful
examination of the samples submitted, we find that marking
imported footwear with the country of origin by means of fabric
tag stitched into the interior of the shoe at either the top 1/3
portion of the tongue or the side of the shoe just below the
first two shoelace holes, satisfies the requirements of 19
U.S.C.1304 and 19 CFR 134.41. However, we note that any
variation in the marking as described above, may affect the
acceptability of the marking. We further find that marking
imported footwear by means of a tag sewn to the side seam of the
tongue does not comply with the country of origin marking
requirements and is, therefore, not acceptable for marking
purposes. The holding in this ruling and in HQ 731463 should
help your client in identifying a location for the country of
origin marking in each of the various models of footwear it
manufactures.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch