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HQ 735512


August 2, 1994

MAR-2-05 CO:R:C:S 735512 RC

CATEGORY: MARKING

Ms. Judy Kearney
Network Brokers International, Inc.
145th Avenue & Hook Creek Boulevard
Valley Stream, New York 11581

RE: Country of origin marking for Trekking Boots; Conspicuous Place.

Dear Ms. Kearney:

This is in reference to your letter dated January 7, 1994, on behalf of Palladium Inc., in which you requested a ruling concerning the country of origin marking requirements for certain shoes. Although your letter was forwarded to us by the National Import Specialist in New York, samples were not. We have since received your cover letter dated July 27, 1994, and a sample as we requested.

FACTS:

Palladium, Inc., will import trekking boots made in France for retail sale in the United States. The lace-up sample boot is marked "MADE IN FRANCE" in lettering approximately 9 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.) The marking appears injection-molded into the rubber sole of the boot, adjacent to the U.S. and European shoe size. The sample shoe box was wrapped in duct tape. As such, we were unable to view the markings that may appear on the shoe box.

ISSUE:

Whether the marking as described above is 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.

Section 134.41(b), (19 CFR 134.41(b)), Customs Regulations, specifies that a marking should be at least sufficiently permanent to insure that, in any reasonably foreseeable circumstance, the marking shall remain on the article or its container until it reaches the ultimate purchaser and that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

In previous headquarters rulings, Customs found the sole or bottom of footwear to be a conspicuous place to put the country of origin marking. In HQ 733691 (May 24, 1991), Customs discussed, inter alia, the conspicuousness of a country of origin marking which appeared on the bottom of the sole of athletic footwear. In that case, the shoes were marked by means of either branding, injection molding, or ink-stamping and we ruled that the location of the marking on the sole and the above-mentioned methods of marking were proper. In HQ 734662, (October 8, 1992), Customs found ski boots marked on the soles to indicate the country of origin in lettering approximately 9 points, injection molded and approximately 1/32 to 1/16 inch in relief were acceptable under 19 U.S.C. 1304. It is our opinion that the marking placed on the bottom of the boot in this case, if otherwise legible and permanent, is in a conspicuous place; that is, one in which it will be found easily by the ultimate purchaser.

The instant facts are analogous to those in HQ 734662. The marking on the submitted sample appears on the sole and is injection molded in raised lettering. The topography of the lettering is approximately 1/32 to 1/16 inch in relief. The marking appears in non-contrasting colors. While color contrasting usually makes the marking easier to read, there is no specific requirement that the marking be in contrasting colors. To determine whether or not a marking is legible, Customs must consider all the elements: the relief of the letters, the size and style of print, the location, the format, etc. The marking "MADE IN FRANCE" appears on the sole in lettering of approximately 9 points raised two to four points which is sufficiently high to create a shadowing effect. This marking on the sole is legible because of its particular relief, and because the nine point lettering is large enough to be read without strain. The marking is permanent because it is injection molded. Lastly, the ultimate purchaser will inspect the boots for the size and upon this casual inspection will be advised of the country of origin.

For all of these reasons, we are of the view that the country of origin marking of the trekking boot on the sole of the boot satisfies the requirements of conspicuousness, permanence, and legibility.

HOLDING:

The country of origin marking for the sample trekking boot satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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