HQ 0734702 - Country of Origin Marking of Shoe Boxes; 19 CFR 134.46. - United States International Trade Commision Rulings

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HQ 734702

November 25, 1992

MAR-2-05 CO:R:C:V 734702 KR

CATEGORY: MARKING

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

RE: Country of Origin Marking of Shoe Boxes; 19 CFR 134.46.

Dear Mr. Pellegrini:

This is in response to your letter dated June 25, 1992, on behalf of the Rockport Company requesting a ruling concerning the proper country of origin marking on Rockport shoe boxes. The boxes are manufactured in the U.S., but contain shoes that are imported. A sample of a shoe box and a sample of the labels indicating the size and country of origin marking for the shoes were submitted for examination.

FACTS:

The cardboard shoe box consists of a top and bottom. The company's registered name, "Rockport", appears on the top of the box. On the outside of the end flaps of the top of the box the name, "Rockport", also appears.

The bottom portion of the shoe box is printed on the two sides with "Rockports make you feel like walkingTM". By letter dated October 30, 1992, you advised us that as of July 10, 1992, the shoe boxes, unlike the submitted samples, no longer have "Shoe Carton Corporation U.S.A." printed anywhere on the box. Therefore, this ruling will not apply to a shoe box containing the printing "Shoe Carton Corporation U.S.A."

You also submitted a sample of the product code sticker which will be attached to the outside of the shoe box. This sticker contains a UPC bar code, below this the country of origin marking "Made in PORTUGAL", the stock number, color, and the sizes of the shoe. The shoe sizes on the sticker are printed in USA, UK and EUR sizes as:

USA 10 1/2
UK 10
EUR 44 1/2

This ruling request concerns the required marking of the boxes containing imported shoes. It is assumed that the shoes themselves are marked in conformity with Customs requirements.

ISSUE:

Whether the proposed marking on the shoe box described above satisfies the requirements of 19 U.S.C. 1304, 19 CFR ?134.46, and 19 CFR 134.47.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. In addition 19 CFR 134.46, requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appears 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. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. HQ 708994 (April 24, 1978). The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article. Shoe boxes, in particular, are held to a strict standard of compliance to the country of origin marking requirements of 19 CFR 134.46. T.D. 86-129 (June 26, 1986). See C.S.D. 90-31 (December 20, 1989); see also HQ 731372 (June 24, 1988).

In this ruling request, the product sticker to be attached to the shoe box in listing the shoe sizes contains the references USA, EUR and UK. Next to these references the product sticker is printed "Made In PORTUGAL" in comparable size print. This satisfies the requirements of 19 CFR 134.46.

Customs Regulations 19 CFR 134.47, requires a slightly less restrictive marking than 134.46 when the location name other than the country of origin appears as part of a trademark. Under 134.47, when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place "or in some other conspicuous location". In other words, if the question concerns a trade name or trademark, the country of origin marking needs only to meet the general standard of conspicuousness. Under either 134.46 or ?134.47, the name of the country of origin must be preceded by "Made in", "Product of", or words of similar meaning. See HQ 734175 (February 24, 1992); HQ 734277 (December 24, 1991).

The shoe box in several places is printed with the company name, "Rockport". This name is a registered trademark. "Rockport" is also a U.S. geographic location other than the country of origin of the shoes. Therefore, the requirements of 19 CFR 134.47 apply. Pursuant to the more lenient requirements of 19 CFR 134.47, the country of origin need only be printed in a conspicuous location, and the print need not be of comparable size to the print of "Rockport". We find that the country of origin printed on the product sticker will be in a conspicuous place, and is sufficient to meet the requirements of 19 CFR 134.47.

HOLDING:

The country of origin marking appearing on the product sticker of the shoe box is sufficient to meet the requirements of 19 U.S.C. 1304, 19 CFR ?134.46 and 19 CFR ?134.47. This ruling does not apply to any boxes containing the carton manufacturer's marking, "Shoe Carton Corporation U.S.A."

Sincerely,

John Durant, Director

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