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NY 803072



October 18, 1994

MAR-2-64:S:N:N8:347 803072

CATEGORY: MARKING

Karen Zeuschel
Pagoda
1950 Craig Road
St. Louis, Missouri 63146

RE: The Country of Origin Marking of Footwear.

Dear Ms. Zeuschel:

This is in response to your letter dated October 5, 1994, requesting a ruling on whether the proposed marking "Made in Brazil" is an acceptable country of origin marking for imported footwear. A marked sample was submitted with your letter for review

The submitted sample is a women's mid heel pump with a leather upper and a rubber/plastic sole. The country of origin marking is stamped on the inside of the upper at the front near the toe. To see the marking one must first tilt the shoe forward and then roll it slightly sideways to catch the light.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

The proposed marking of imported footwear, as described above, is not conspicuously marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the proposed importation.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

Sincerely,

Jean F. Maguire
Area Director

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