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NY F88230




June 20, 2000

MAR-2-64:RR:NC:TA:347 F88230

CATEGORY: MARKING

Mr. John Pellegrini
Ross & Hardies
65 East 55th Street
New York, NY 10022-5555

RE: The country of origin marking of footwear, 19 C.F.R. 134.46.

Dear Mr. Pellegrini:

In your letter dated June 5, 2000 you requested a ruling on behalf of your client Reebok International, Ltd. for an item that you describe as athletic footwear which will bear the name of a city in the United States on the heel counter. Specifically, the phrase “NEW YORK CLASSIC” will be printed on the heel counter. You state that the footwear will bear the country of origin mark on a sewn-in label situated at the inside top of the tongue. You further state that the footwear will be sold in a box with the size and country of origin shown on both end panels.

As you note, Section 134.46 of the Customs Regulations requires disclosure of the country of origin in close proximity, and in letters of comparable size, to any reference to a place other than the country of origin when the reference “may mislead or deceive the ultimate purchaser as to the actual country of origin of the article.” In HRL 732412, dated August 29, 1989, Customs found that the placement of the word "Kansas" on different parts of imported jeans did not trigger the requirements of 19 C.F.R. 134.46 because such marking was used as a symbol or decoration and would not reasonably be construed as indicating the origin of the article on which it appeared. In numerous instances, Customs has ruled that the requirements of 19 C.F.R. 134.46 were not triggered merely by the appearance of a non-origin geographical reference when such marking was used as a symbol or decoration and would not reasonably be construed as indicating the country of origin.

We agree with your position that, if the country of origin of the footwear will be found in a conspicuous location at the top of the tongue, the likelihood of confusion or deception is non-existent merely by the presence of the words NEW YORK CLASSIC on the heel counter. In this instance, the city name on the heel counter does not trigger the proximity and size requirements of 19 C.F.R. 134.46 provided that the footwear is conspicuously and legibly marked with the country of origin in compliance with all applicable requirements of 19 C.F.R. 134.

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

A copy of this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 637-7089.

Sincerely,

Robert Swierupski
Director,

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