HQ 0734250 - Country of origin marking requirements for imported moccasins marked with their country of origin on underside of the tongue; shoes; footwear, 19 CFR 134.41; conspicuous; HQ 734098; 732468; C.S.D. 86-5 - United States International Trade Commision Rulings

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HQ 734250

October 9, 1991

MAR-2-05 CO:R:C:V 734250 RSD

CATEGORY: MARKING

Ms. Alison Leavitt
Chase, Leavitt (Customhouse Brokers) Inc. Ten Dana Street
Portland, Maine

RE: Country of origin marking requirements for imported moccasins marked with their country of origin on underside of the tongue; shoes; footwear, 19 CFR 134.41; conspicuous; HQ 734098; 732468; C.S.D. 86-5

Dear Ms. Leavitt:

This is in response to your letter dated July 3, 1991, requesting a binding ruling on the country of origin marking requirements for imported moccasins. We have receive a sample pair of the moccasins for our consideration.

FACTS:

You indicate in your letter that various shoe manufacturers are planning to import shoes made in the Far East into the U.S. through the ports of Boston and Atlanta. The sample pair of shoes are moccasins made in China. The moccasins are marked to indicate their country of origin with the words "MADE IN CHINA" on the underside of the tongue. The country of origin marking is about 1/2 inch from the top of tongue near the edge in 1/8 inch lettering or about 9 point type. ( A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in. and all type sizes are multiples of this unit.) The letters are also printed in white contrasting ink against the brown background of the tongue.

ISSUE:

Is the country of origin marking on the tongue on the pair of sample moccasins sufficiently conspicuous to satisfy the requirements of the country of origin marking law?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides 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 (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302.

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 section 134.41, Customs Regulations (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.

The country of origin marking should appear in a location where the ultimate purchaser would expect to find it or in a location where the ultimate purchaser would be able notice it from a causal inspection of the merchandise. However, the country of origin marking does not have to appear in the most conspicuous location of the article. See HQ 734098, July 5, 1991.

In HQ 732468, September 18, 1989, Customs ruled that marking imported footwear with the country of origin by means of a fabric tag stitched into the interior of the shoe at either the top 1/3 portion of the tongue or side of the just below the first two shoelace holes, satisfied the requirements of 19 U.S.C. 1304 and 19 CFR 134.41. We have also stated that Customs would normally consider a country of origin marking at the base of the tongue label (i.e. that portion near the edge of the tongue) to be conspicuous. See C.S.D. 86-5, 20 Cust.Bull. 585 (HQ 729096, January 2, 1986).

In accordance with our previous rulings on the country of origin marking requirements for footwear, we find that the country of origin marking on the tongue of the sample shoes is in a conspicuous location. We believe that the ultimate purchasers of shoes would see the country of origin marking on the tongue when they try on the shoes or from a causal inspection of the shoes before they buy them. In addition, we note that the marking is in large contrasting 9 point letters that stand out. However, we want to point out that the country of origin marking is conspicuous because it is close to the edge of the tongue of the sample moccasins. If the marking was moved to another location further back on the tongue, the ultimate purchaser probably would not see it, and it would not satisfy the conspicuous requirements of 19 U.S.C. 1304 or 19 CFR 134.41. HOLDING:

The country of origin marking on the sample moccasins which appears on the underside of the tongue about 1/2 inch down from the edge in about 9 point type and contrasting letters is conspicuous and satisfies the requirements of 19 U.S.C. 1304 and 19 CFR 134.41.

Sincerely,

John Durant, Director
Commercial Rulings Division

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