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NY D80525




August 18, 1998

MAR-2 RR:NC:TP:347 D80525

CATEGORY: MARKING

Ms. Teresa A. Gleason
Baker & McKenzie
815 Connecticut Avenue, N.W.
Washington, D.C. 20006

RE: THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR FROM MEXICO.

Dear Ms. Gleason:

This is in response to your letter dated July 17, 1998, written on behalf of your client, R.G. Barry Corporation, requesting a ruling on whether the proposed marking, using a sewn-in label rather than marking the soles, is an acceptable country of origin marking for imported footwear. A marked sample was submitted with your letter for review.

You have submitted samples for three styles of ladies slippers. The soles of the slippers have been marked with the country of origin but you state that your client wishes to move the country of origin marking from the soles of the slippers to the upper portion of the product. Specifically, RG Barry would like to mark the slippers by using a sewn-in label on the inside seam under the vamp for open-heeled slippers, or at the upper heel for closed-heeled slippers. You also ask whether it would be acceptable to mark only the left slipper of each pair with the country of origin.

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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that 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.

The proposed marking of the imported footwear that your client plans to use by sewing a label either on the inside of the vamp or at the inside heel of the upper, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported slippers. In addition, both shoes of each pair must be marked with the country of origin.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Richard Foley at 212-466-5890.

Sincerely,

Robert B. Swierupski
Director,

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