HQ 0731463 - Country of origin marking requirements for imported footwear. - United States International Trade Commision Rulings

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HQ 731463

June 24, 1988

MAR-2-05 CO:R:C:V 731463 lw

CATEGORY: MARKING

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?

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

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