MAR-2-05 CO:R:C:V 731372 lw
Mr. Joseph S. Kaplan
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608
RE: Country of origin marking requirements for shoe box
Dear Mr. Kaplan:
This is in response to your letter dated April 19, 1988, in
which you request a ruling concerning the proper country of
origin marking of shoe boxes for imported footwear. For the
purposes of this ruling you have asked that we assume that the
footwear itself will be properly marked.
FACTS:
Examination of the two samples submitted reveals that both
boxes prominently display the company's trademark "Rockport,"
which also happens to be the name of a locality in the U.S., on
their covers and side panels. On an end panel of each box
appears the seal of acceptance of the American Podiatric Medical
Association (APMA), and the explanation that "Rockport is the
first shoe company to receive the American Podiatric Medical
Association's seal of acceptance." In a letter dated June 10,
1988, you confirmed that the APMA's seal of acceptance is a
registered trademark. The country of origin is marked on both
boxes on the inside edge of the cover, and on the inside edge of
the bottom, with the company's U.S. address printed directly
below the country of origin. On one box the phrase "Made in
Portugal" is printed in noticeably smaller type than the
company's address. On the other box the country of origin is
marked in similar size type as the U.S. address.
ISSUE:
Whether marking the country of origin in noticeably smaller
print directly above the company's address on one inside panel of
a shoe box bottom and cover complies with section 134.46, Customs
Regulations (19 CFR 134.46)?
Whether marking the country of origin on one inside panel of
the cover and bottom of a shoe box is conspicuous for purposes
section 134.47, Customs Regulations (19 CFR 134.47) when the box
is labeled with the company trademark, which is the name of a
locality in the U.S., and a seal of the American Podiatric
Medical Association?
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LAW AND ANALYSIS:
Concerning the first issue, section 134.46, Customs
Regulations (19 CFR 134.46), requires that in cases when the
words "U.S.," or "American," the letters "U.S.A.," any variation
of such words or letters, or the name of any city or locality in
the U.S., 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
(emphasis added).
With regard to the second issue, Customs ruled in T.D. 86-
129 that the requirements of section 134.46, Customs Regulations
(19 CFR 144.46), are applicable whenever the full or abbreviated
name of a country or locality other than the country of origin
appears anywhere on imported shoes and shoe boxes regardless of
the context in which such name is used. To clarify this ruling
Customs issued a policy statement in a headquarters telex dated
September 19, 1986, which stated that the exception for souvenirs
and articles marked with trademarks or trade names as set forth
in section 134.47, Customs Regulations (19 CFR 134.47), remains
in effect. That section requires that when as part of a
trademark or trade name or as part of a souvenir marking, the
name of a location in the U.S. or "U.S." or "America" appear, the
article shall be legibly conspicuously, and permanently marked to
indicate the name of the country of origin of the article
preceded by "Made in," "Product of," or other similar word, in
close proximity or in some other conspicuous location. The policy
statement further explains that such reference to a locality and
its potential to mislead the ultimate purchaser "should be taken
into account when determining whether the country of origin
marking is sufficiently conspicuous to counteract the misleading
impression."
HOLDING:
In answer to the first issue, we are of the opinion that
marking the country of origin in noticably smaller print than the
company's U.S. address does not comply with 19 CFR 134.46, which
requires that the country of origin be printed in letters of at
least comparable size to those of the U.S. address.
In answer to the second issue, it is our opinion that the
combination of the company's trademark "Rockport," and the
trademark APMA, which both refer to the U.S., may mislead the
ultimate purchaser by giving the impression that the shoes are
made in a locality other than the country of origin. We do not
believe that marking the country of origin on the inside edge of
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the box bottom and cover complies with 19 CFR 134.47 because it
is not conspicuous enough to avoid misleading the ultimate
purchaser as to the country of origin of the shoes.
The country of origin must be marked in a conspicuous
location on the outside of the box where the purchaser can see
the marking without having to remove the box cover. If the
company's U.S. address is marked on the box's exterior the
country of origin must be marked in close proximity to this
address in letters of comparable size in compliance with 19 CFR
134.46.
Sincerely,
John Durant, Director
Commercial Rulings Division
1cc: CLA-2 CO:R:C:V:LWEDDELL:LDC:6/22/88
Mr. Joseph S. Kaplan
Ross & Hardies
529 Fifth Avenue
New York, NY 10017-4608