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HQ 561864

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October 27, 2000

CLA-2 RR:CR:SM 561864 KSG

CATEGORY: MARKING

Karen Zeuschel
Manager, Customs Operations
Pagoda
8300 Maryland Avenue
St. Louis, Missouri 63105

RE: Country of origin marking of imported footwear; 134.41

Dear Ms. Zeuschel:

This is in response to a letter of August 15, 2000, in which you requested a binding ruling regarding the country of origin marking of imported footwear. Samples have been submitted for our examination.

FACTS:

You intend to import footwear into the ports of St. Louis, Los Angeles, Chicago, Nashville, Memphis and Laredo. You presented three different scenarios. All of the footwear are marked on the outer sole in the shank area. In the first scenario, the marking is embossed on the outer sole in a contrasting color (silver print). In the second scenario, the marking is embossed on the outer sole without contrasting color. In the third scenario, the marking is on a self-adhesive sticker affixed to the outer sole in a contrasting color (silver lettering).

You asked if these three scenarios are acceptable methods of marking imported footwear.

ISSUE:

Whether the imported footwear, marked as described above, satisfies the country of origin marking requirements.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, provides that unless excepted, every article of foreign origin 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 of 19 U.S.C. 1304.

Section 134.41(b), Customs Regulations 19 CFR 134.41(b), provides that the degree of permanence of marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. The ultimate purchaser must be able to find the marking easily and read it without strain.

With regard to the samples presented, scenario one satisfies the requirements of permanence and the silver lettering is easy locate and to read. With regard to scenario two, the sample satisfies the requirement of permanence but because the lettering is not in a contrasting color, it is difficult to locate and to read and therefore, it does not satisfy 19 CFR 134.41(b). With regard to scenario three, the self adhesive stickers are sufficiently permanent and the contrasting silver lettering can be read without strain. Therefore, scenario three satisfies the requirements of 19 CFR 134.41(b).

HOLDING:

Based on the information provided, we find that scenarios one and three satisfy the requirements of 19 CFR 134.41(b) and 19 U.S.C. 1304. The scenario presented in scenario two does not satisfy the requirements of 19 CFR 134.41(b) and 19 U.S.C. 1304 because the marking is difficult to locate and read.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director
Commercial Rulings Division


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