HQ 0734871 - Country of Origin Marking for Cross Country Ski and Trekking Boots; Conspicuous Place. - United States International Trade Commision Rulings

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HQ 734871

March 16, 1993

MAR-2-05 CO:R:C:V 734871 RC

CATEGORY: MARKING

Mr. Jay P. Urwitz
Hale and Dorr
The Willard Office Building
1455 Pennsylvania
Washington, D.C. 20004

RE: Country of Origin Marking for Cross Country Ski and Trekking Boots; Conspicuous Place.

Dear Mr. Urwitz:

This is in response to your request, dated November 2, 1992, for a ruling on the acceptability of the country of origin marking on nine types of cross country ski and trekking boots.

FACTS:

Your client, Salomon/North America, Inc. (Salomon), imports various cross country ski and trekking boots made in Italy and Morocco for retail sale in the United States. The cross country ski boots are marked "MADE IN ITALY" or "MADE IN MOROCCO" on the upper third of the outside of the tongue, in contrasting colors and in lettering at least 12 points. (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are multiples of this unit.) All of the boots are secured to the foot by shoelaces. Boots labelled A, B, C, D, E, F, and G are further secured by velcro. Boots labelled A, B, C, D, and E are further secured by a zipper. On the trekking boot, labelled I, the country of origin is marked on a leather flap that is visible when the boot is unzipped. In all cases, it is impossible to try on the boot without the upper part of the tongue containing the country of origin marking becoming clearly visible. In all cases, the shoe size, either the U.S. or the European size appears on the tongue immediately adjacent to the country of origin in the case of cross country ski boots or on the flap as the country of origin in the case of the trekking boots.

ISSUE:

Whether the markings as described above are legible, permanent, and in a conspicuous place within the meaning of 19 U.S.C. 1304 and 19 CFR Part 134.

LAW AND ANALYSIS:

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. 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 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.

In HQ 734610 (August 19, 1993), (copy enclosed) Customs found that a hiking boot marked with the country of origin stamped on the middle of the tongue/gosset about 2 1/2 inches from the top in approximately 10 point lettering satisfied 19 U.S.C. 1304 and 19 CFR Part 134.

Here, the facts are directly on point with HQ 734610. The ultimate purchaser will inspect the boots for the size and upon this casual inspection will be advised of the country of origin.

HOLDING:

The country of origin markings for the cross country ski and trekking boots submitted for review satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

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