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HQ 731089


February 13, 1989

MAR 2-05 CO:R:C:V pmh

CATEGORY: MARKING

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
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
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

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