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HQ 735592





July 14, 1994

MAR-2-05 CO:R:C:S 735592 DEC

CATEGORY: MARKING

Mr. Harvey Schafler
Frank C. Meyer Company
585 South Union Street
Lawrence, Massachusetts 01843

RE: Country of origin marking for shoe boxes; U.S.-made box to contain imported shoes; 19 C.F.R. 134.46; T.D. 86-129

Dear Sir:

This is in response to your letter dated April 18, 1994, concerning the acceptability of the proposed country of origin markings for United States manufactured shoe boxes containing imported shoes.

FACTS:

The Frank C. Meyer Division of Mafcote Industries manufactures shoe boxes for both the international and domestic shoe industry. American-made shoe boxes are to be exported to various countries including China, Indonesia, Thailand, and Brazil to be used to package shoes which will be imported into the United States.

The Frank C. Meyer Company ("company") customers have requested that "Boxes Made in The U.S.A." be printed on the shoe boxes. The company is concerned with the proper marking requirements in light of title 19, Code of Federal Regulations, section 134.46 (19 C.F.R. ?134.46). Alternatively, the company is contemplating marking the boxes "Boxes Made in The USA-Shoes Imported" or marking the inside lid "Boxes Made in The U.S.A."

The boxes will be manufactured for individual customers and will be shipped to various countries. The company hopes to avoid stamping the country where the shoes are made onto each box. The actual shoes will be properly marked with the applicable country of origin.

ISSUE:

Will the marking of U.S. made shoe boxes imported filled with foreign origin shoes, "Boxes Made in The USA-Shoes Imported" or "Boxes Made in The U.S.A.," be acceptable under title 19, United States Code, section 1304 (19 U.S.C. ?1304) and title 19, Code of Federal Regulations, section 134.46 (19 C.F.R. ?134.46)?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. origin imported into the United States 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 United States 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. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940).

Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. ?1304. Section 134.41(b), mandates that the ultimate purchaser in the United States must be able to find the marking easily and read it without strain.

The marking requirements for unsealed disposable containers of imported merchandise are set forth in 19 C.F.R. ?134.24(d)(3). This section provides that ". . .if the container is normally opened by the ultimate purchaser prior to purchase, only the article need be marked." Marking of containers is also unnecessary if "the article is so marked that the country of origin is clearly visible without unpacking the container." 19 C.F.R. ?134(d)(3)(1993). In Headquarters Ruling Letter ("HRL") 732271, dated April 27, 1990, Customs ruled that unsealed cartons containing properly marked crystal glassware do not have to be marked with the country of origin because pieces of crystal glassware are the kinds of articles that an ultimate purchaser would remove from the carton to examine prior to purchase. We noted in that ruling that a number of factors must be considered in determining if the article involved is something that the ultimate purchaser would take out of its carton to look at prior to purchase. Some of these factors are:

1. Whether a prospective purchaser will want to remove the article from its container to inspect it to find out exactly what he or she may be buying; and

2. Whether the article is the type which a prospective purchaser would be likely to remove from its container in order to examine it prior to purchase to see if it was broken or chipped.

We also noted that crystal glassware is the type of article likely to be put on display in the store and that in the unlikely event the ultimate purchaser does not open the carton prior to purchase, he or she would see the country of origin marking on the display item.

Customs has determined that shoes and other footwear are articles that individuals will typically remove from their box to see what they are buying prior to their purchase. Furthermore, like the crystal in HRL 732271, shoes are often displayed in stores so that consumers can observe them prior to purchase. Consumers usually will look at shoes prior to purchase to examine the style and color, to glance at the size information, and to observe the workmanship. In addition, consumers typically try on a pair of shoes before purchasing them to check for comfort and fit. Consequently, they are likely to see the country origin marking, if it is legible and in a conspicuous location.

In this case, if the shoes of foreign origin are conspicuously and legibly marked with their country of origin, then marking the unsealed shoe box with the country of origin of the shoes is unnecessary, provided that these boxes have no place or locality references printed on them. Customs has previously ruled that cardboard shoe boxes are disposable containers excepted from marking with their own country of origin under 19 C.F.R. ?134.24(c)(1). See HRL 732283, dated January 19, 1990.

However, you have asked for a ruling on the acceptability of marking the shoe boxes "Made in The USA-Shoes Imported" or "Boxes Made in The U.S.A." on the inside lid. In connection with this issue, section 134.46 of the Customs Regulations (19 C.F.R.

In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manu- factured or produced, appear 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.

In Treasury Decision ("T.D.") 86-129, Customs specifically addressed the issue of the applicability of section 134.46 in instances where the name of a country or locality other than the country of origin appears on imported footwear or its container (shoe box). T.D. 86-129 sets forth the policy that
no shoe box will be treated as properly marked if the full or abbreviated name of a country or locality other than the country of origin appears anywhere on the shoe box in any context (including, but not limited to, a size reference) and the requirements of section 134.46, Customs Regulations are not satisfied. To satisfy the close proximity requirement, the country of origin preceded by the words "Made in" or "Product of" must appear near to and on the same panel as the name of the country or locality other than the country of origin.
If the name of the country or locality other than the country of origin appears on a side or top panel of the shoe box, marking the bottom of the box will not be acceptable.

Consequently, the proposed markings of the U.S. made shoe boxes that are imported filled with foreign origin shoes ("Boxes Made in The USA-Shoes Imported" and "Boxes Made in The U.S.A." on the inside lid) are unacceptable under 19 U.S.C. ?1304.

HOLDING:

Imported shoe boxes bearing a reference to a country or locality other than the country of origin of the shoes contained in the boxes, anywhere on the boxes, must be marked with the country of origin of the shoes, preceded by the words "Made in" or "Product of," near to and on the same panel as the name of the country or locality other than the country of origin. Thus, the marking of such boxes, "Boxes Made in The USA-Shoes Imported" or "Boxes Made in The U.S.A.," is unacceptable under 19 U.S.C.

Sincerely,

John Durant

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