HQ 0734267 - Country of origin marking of imported footwear from Taiwan; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking; HQ 731089 - United States International Trade Commision Rulings

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HQ 734267

December 11, 1991

Mar-2-05 CO:R:C:V 734267 AT

CATEGORY: MARKING

Bill Jerome, Vice President
H.A. & J.L. Wood, Inc.
231 N. 3rd Street
Pembina, North Dakota

RE: Country of origin marking of imported footwear from Taiwan; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking; HQ 731089

Dear Mr. Jerome:

This is in response to your letter dated May 29, 1991, on behalf of Chip & Pepper Wetwear, requesting a ruling on the country of origin marking of imported footwear (beach sandals and deck shoes) from Taiwan. The classification issue raised in your letter will be answered by separate letter.

FACTS:

The submitted samples consist of three different styles of footwear: a beach thong, a canvas shoe and a suede shoe. The beach thong is a green and black color shoe with a black plastic bottom. At the rear of the shoe and on the side is a plastic adhesive label of approximately 1 1/2 inch in length. On the label, in gold-colored lettering approximately 4.5 point (a point is a unit of type measurement equal to 0.01384 inch of nearly 1/72 in., and all type sizes are multiples of this unit) are a stock number, the size and the words "ALL MAN-MADE MATERIAL, MADE IN TAIWAN". The canvas shoe is a white and blue tone slip-on. Affixed to the heel portion of the inner sole of the shoe is a white paper adhesive label of approximately 1 3/4 inch in length. The words "MADE IN TAIWAN, FABRIQUE EN TAIWAN" are printed on the label in black lettering approximately 5 point in size. The third sample is a black suede shoe with purple cloth
interior. Inside the shoe is a gold paper adhesive label measuring approximately 1 inch in size. Printed on the label in black lettering in approximately 4.5 point are the words "MADE IN TAIWAN, FABRIQUE EN TAIWAN.

ISSUE:

Whether the proposed country of origin marking on the submitted samples, as described above satisfies the requirements of 19 U.S.C.. 1304 and 19 CFR Part 134?

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, C.A.D. 104 (1940).

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.

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. For example, its suggested that the country of origin on metal articles be die sunk, molded in or etched. 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), 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. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. (19 CFR 134.44(b)). See also 19 CFR 134.41

Customs has previously ruled in HQ 731089 (February 13, 1989) that country of origin marking on footwear (moccasin and beach sandal) by means of paper or plastic adhesive labels was acceptable provided the label was conspicuous, legible and permanently placed on the footwear. In that ruling Customs stated that such factors as the type of surface on which the label was attached to and whether the label could withstand normal handling and remain on the shoe until it reached the ultimate purchaser should be considered in determining the permanency of the label.

In this case we find that the country of origin markings on the submitted samples are conspicuous and legible. However, after careful examination of the submitted samples we conclude that only the adhesive labels attached to the beach thong and canvas shoe satisfy the permanency requirements of 19 CFR 134.44(b). Like with the moccasin and beach sandal in HQ 731089, the labels on both the beach thong and canvas shoe would withstand normal handling and remain on the shoes until they reached the ultimate purchaser. The label attached to the beach thong is securely placed at the rear of the shoe on the side which will not be effected by the normal handling (trying the shoe on for size), usually associated with footwear of this type. With respect to the label on the canvas shoe, we find that although the label is attached to the inner heel of the shoe, a place which we believe to be effected by normal handling, the label is securely affixed to the shoe and is very difficult to pull off without damaging the label itself. Therefore, we find that the label would withstand normal handling and would remain on the shoe until it reached the ultimate purchaser. This is not the case with the gold label attached to the suede shoe. The label is not securely affixed to the inner heel of the shoe and in fact is very easy to pull off. Also, being that it is attached to the inner heel of the shoe and is not securely affixed it would certainly not be able to withstand normal handling.

HOLDING:

Based on the above considerations and review of the submitted materials, we find that the submitted beach thong and canvas shoe 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 suede shoe is not permanent, and therefore, not in compliance with 19 U.S.C. 1304 and 19 CFR 134.44.

Sincerely,

John Durant, Director

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