NY A85033 - The country of origin marking of footwear and shoe boxes. - United States International Trade Commision Rulings

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NY A85033

July 11, 1996

MAR-05-64:RR:NC:TP:347 A85033

CATEGORY: MARKING

Ms. Tinka G. Andrade
Meldisco
933 Macarthur Boulevard
Mahwah, NJ 07430

RE: The country of origin marking of footwear and shoe boxes.

Dear Ms. Andrade:

In your letter dated June 19, 1996, you requested a country of origin marking ruling, specifically, if shoe boxes of foreign origin are subject to the country of origin marking requirements of 19 USC 1304 if, as you state, they are a disposable item imported with legally marked footwear.

The merchandise is certain plastic boots packaged in a disposable shoebox which bears the registered trademark "Route 66".

The marking statute, section 304 of the 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 the English name of the country of origin of the article. Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The primary purpose of the country of origin marking statute 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 CCPA 297, 302, C.A.D. 104 (1940). The clear language of section 1304 requires 'conspicuous' marking, and to this end section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), further provides, in part, that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Regarding the concept of conspicuousness, where locations other than the country of origin of the merchandise are identified on an imported article or its container, section 134.47, Customs Regulations (19 C.F.R. 134.47), further provides that: [w]hen as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or "United States" or "America" appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location.

An examination of the shoes in question reveals a textile label sewn on the inside of the tongue which indicates the country of origin of the shoe. This marking is sufficiently legible, conspicuous and permanent so as to inform the ultimate purchaser in the United States of the country of origin of the imported shoes and is in compliance with the requirements of 19 U.S.C. 1304.

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 shoe is unnecessary, provided that the boxes have no place or locality references printed on them. Customs has previously held 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).

However, if the shoe box has a locality reference other than the country of origin of the imported footwear, it must be marked with the country of origin of the imported footwear in a conspicuous place to satisfy the requirements of 19 C.F.R. 134.47.

The box submitted as part of this ruling request has the registered tradename "Route 66" superimposed over a map of the United States. This map has many localities clearly printed on it. The presence of these localities require that the country of origin of the imported footwear appear in close proximity and in letters of at least equal size to the potentially misleading references to comply with 19. C.F.R. 134.46. The purpose of 19 C.F.R. 134.46 is to prevent the possibility of misleading 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 C.F.R. 134.46. Therefore, if imported as is, it will not meet the country of origin marking requirements of 19 U.S.C. 1304.

Customs has ruled that in order to satisfy the close proximity requirement of 19. C.F.R. 134.46, 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.

If you require additional information, please contact NIS Richard Foley at (212) 466-5890.

Sincerely,

Roger J. Silvestri
Director

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