HQ 0734552 - Country of origin marking of imported footwear from China; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking; HQ 733691; HQ 731089 - United States International Trade Commision Rulings

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HQ 734552

October 30, 1992

Mar-2-05 CO:R:C:V 734552 AT

CATEGORY: MARKING

John B. Pellegrini, Esq.
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608

RE: Country of origin marking of imported footwear from China; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking; HQ 733691; HQ 731089

Dear Mr. Pellegrini:

This is in response to your letter dated March 15, 1992, on behalf of Humberto Vidal, Inc. (Humberto Vidal), requesting a ruling on the country of origin marking of imported footwear from China. A representative sample of the footwear to be imported from China was submitted with your letter.

FACTS:

The submitted sample is a black moccasin with string tassels. An adhesive black label measuring approximately 1 inch in length is attached on the bottom of the sole. The words "Made in China" are printed on the label, in gold-colored lettering approximately 8 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). Affixed to the heel portion of the inner sole of the shoe is a white paper adhesive label of approximately 1 1/2 inch in length. The shoe size, price, bar code and the words "Humberto Vidal" are printed on the label in black lettering.

ISSUE:

Whether the proposed country of origin marking on the submitted sample, 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.

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, 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 HQ 733691 (May 24, 1991), Customs ruled that marking the country of origin on the bottom of the sole of athletic footwear was in a conspicuous place and was acceptable so long as the marking was permanent and legible.

In this case we find that the country of origin marking on the submitted sample is conspicuous, legible and permanent. As in HQ 733691, the country of origin marking on the bottom of the sole of the moccasin is in a conspicuous location in that an ultimate purchaser could easily find and read the marking upon a casual examination. Also, the adhesive label affixed to the bottom of the sole of the moccasin satisfies the permanency requirements of 19 CFR 134.44(b). Like the moccasin and beach sandal in HQ 731089, the label on the moccasin would withstand normal handling and remain on the shoe until it reaches the ultimate purchaser. Furthermore, the adhesive label is securely attached to the bottom sole of the moccasin which will not be affected by the normal handling (trying the shoe on for size), usually associated with footwear of this type and is very difficult to pull off without damaging the label itself.

HOLDING:

The country of origin marking on the sample moccasin, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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