HQ 0731372 - Country of origin marking requirements for shoe box - United States International Trade Commision Rulings

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HQ 731372

June 24, 1988

MAR-2-05 CO:R:C:V 731372 lw

CATEGORY: MARKING

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?

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
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

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