NY G80989 - THE COUNTRY OF ORIGIN MARKING OF RETAIL PACKAGING FOR FOOTWEAR. - United States International Trade Commision Rulings

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NY G80989

September 11, 2000

MAR-2 RR:NC:TP:347 G80989

CATEGORY: MARKING

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, NY 10022-3219

RE: THE COUNTRY OF ORIGIN MARKING OF RETAIL PACKAGING FOR FOOTWEAR.

Dear Mr. Pellegrini:

This is in response to your letter dated August 14, 2000, written on behalf of your client, Reebok International, Ltd., requesting a ruling on whether the proposed marking "Not Authorized For Resale Within The EEA" is an acceptable country of origin marking for imported shoeboxes. A marked sample was not submitted with your letter for review.

You have requested a binding ruling regarding the country of origin for footwear retail packaging. You state the subject merchandise will be athletic footwear. You specifically want to know whether a statement to the effect that the footwear may not be sold within a specified area, which would not be the country of origin, is acceptable under Section 334 of the Tariff Act and part 134 of the Customs Regulations. You state that the shipping and retail packaging of the footwear will bear the statement “Not Authorized For Resale Within The EEA.” This statement will appear on box and carton labels beneath the country of origin. You have enclosed a photocopy of the marking you propose for a representative carton label. The label shows “Made in Philippines” printed on the box in letters that are ¼ inch wide. The words “Not Authorized for resale within the EEA” is printed directly underneath in letters that are 3/16 of an inch wide.

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.

Section 134.46 of the Customs Regulations (19 CFR 134.46) provides that in any case where the words “U.S.,” “American,” or any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same sides(s) or surfaces(s) in which the name or locality other than the actual country of origin appears.

For country of origin purposes, the box would be legally marked as per 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported footwear retail packaging. However, references to localities where the sale of this merchandise is prohibited should be addressed by the Federal Trade Commission (FTC). Questions regarding what would be acceptable marking, if you wish to indicate that the footwear is “Not Authorized For Resale Within The EEA,” must be decided by the FTC, Division of Enforcement, 6th and Pennsylvania Ave, NW, Washington, DC, 20508.

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 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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