HQ 0735440 - Country of origin marking of imported footwear from Taiwan; hang tags; conspicuous; 19 CFR 134.41; 19 CFR 134.44(c); HQ 734610 - United States International Trade Commision Rulings

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HQ 735440

April 21, 1994

Mar-2-05 CO:R:C:V 735440 AT

CATEGORY: MARKING

William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O.Box 800
Champlain, New York 12919

RE: Country of origin marking of imported footwear from Taiwan; hang tags; conspicuous; 19 CFR 134.41; 19 CFR 134.44(c); HQ 734610

Dear Mr. LeClair:

This is in response to your letter dated November 23, 1993, on behalf of Genfoot America Inc. ("Genfoot), requesting a ruling on the country of origin marking of imported footwear from Taiwan. A representative sample of the footwear to be imported from Taiwan was submitted with your letter.

FACTS:

You state that Genfoot intends to import sandals from Taiwan into the U.S. for retail sale. The submitted sample is a black and purple sandal with velcro straps. A sewn-in label is affixed to the inside of the velcro strap that goes across the top of the foot. The words "Made in Taiwan" are printed on the sewn-in label in white lettering approximately 6 points (a point is a unit of type measurement equal to 0.01384 inch of nearly 1/72 in.). The foot size and Hang ten's registered trademark also appears on the label. The label cannot be seen, however, when the velcro strap is closed and can only be seen when the strap is opened, such as, to try the sandal on for size. No other markings appear on the sandal.

By letter dated April 14, 1994, you represent that Genfoot, proposes to affix in addition to the sewn-in label, a hang tag to each pair of sandals which will be properly marked with the country of origin "Taiwan" and conspicuously placed on the article. A sample hang tag with the country of origin marking was not submitted for review.

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.

In HQ 734610 (August 19, 1992), Customs ruled that a hiking boot which was marked with the country of origin by means of a sewn-in label which was covered by an inner lining and could only be read when the lining was removed was not conspicuous, and thus was not an acceptable country of origin marking. Similarly, in this case, although the foot size is placed on the sewn-in label, the label is not easy to find and read without strain because it is hidden by the velcro strap and can only be found by the ultimate purchaser of the sandal when the strap is removed. Therefore, by itself, marking the sandal by means of a sewn-in label marked in the manner described above does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

However, in addition to marking the sandal by means of a sewn-in label Genfoot has proposed to affix a hang tag to the sandal which will be properly marked with the name "Taiwan".

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. When hang tags are used, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser. 19 CFR 134.44(c). Thus, provided the hang tags are legibly marked with the country of origin and are conspicuously and permanently attached to the sandal, and the sandal is marked with a sewn-in label in the manner described above, the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 would be satisfied and it would be an acceptable country of origin marking for the imported sandals.

HOLDING:

The country of origin marking on the sample sandal, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

However, marking the imported sandal by attaching the additional hang tag is an acceptable country of origin marking provided the hang tag is legibly marked with the country of origin and is conspicuously and permanently attached to the sandal.

Sincerely,

John Durant, Director

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