NY G83521 - COUNTRY OF ORIGIN MARKING OF IMPORTED FOOTWEAR - United States International Trade Commision Rulings

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NY G83521

November 20, 2000

MAR-2 RR:NC:TP:347 G83521

CATEGORY: MARKING

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

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FOOTWEAR

Dear Mr. Pellegrini:

This is in response to your letter dated October 19, 2000, written on behalf of your client, Ten Pac, Inc., requesting a ruling on whether the proposed marking of footwear and shoe boxes is an acceptable country of origin marking when another marking appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample of the footwear was submitted with your letter for review.

This ruling concerns the country of origin marking requirements for boots that you state will be manufactured in Mexico. The question presented is whether the printing of the name and U.S. address of the trademark owner and distributor on a tongue label as well as on the side panel of a shoebox triggers the proximity requirements of Section 134.46 of the Customs Regulations.

You state that the subject footwear will bear the trademark “Advantage” and “Flightliner.” The trademarks will appear on a label at the top of the tongue along with the name and United States address of the trademark owner and safety information. A second label sewn into a seam within two inches of the back of the shaft will indicate size and country of origin. The size does not otherwise appear on the footwear. You state that the labels on the footwear will be of textile and attached by stitching. The footwear will be sold in a shoebox. The name and address of the trademark owner will also be printed on the side of the shoebox. We are assuming that the actual country of origin of the footwear will not be displayed on the shoeboxes.

You state that the reference to the address in the U.S. on the tongue label and the box panel will not be read as a claim or origin. It refers only to the owner of the marks. The country of origin will be found in a conspicuous location near the top of the shaft. The disclosure will be adjacent to the size.

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.

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently, in close proximity to such words, letters, or name, and in at least 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 side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The location of the country of origin label on the sample boot you submitted is adhered to the back of the boot shaft (which you state will be a sewn-in label when imported). This label is conspicuously located as per 19 U.S.C.1304 in that it is easy to find. Consumers typically try on a pair of shoes before purchasing them to check for comfort and fit. Consequently, they are likely to see the country of origin marking since it is in a conspicuous location. On the other hand, the country of origin marking displayed on this label which reads, “Made in Mexico,” is in noticeably smaller print than the lettering used on the label which indicates the U.S. address of the trademark holder (which is attached to the top of the tongue). In this regard, the marking does not comply with 19 C.F.R. 134.46, which requires that the country of origin marking must be in at least comparable size lettering as the words or letters used to indicate the U.S. locality. Also, the country of origin marking is not indelible; it is easily erased from the label it is written on, as opposed to the U.S. address of the trademark holder which is legible and indelible as per 19 U.S.C. 1304.

You have also asked about the marking of the shoeboxes that will feature references to localities other than the actual country of origin of the articles contained in the boxes. In this case, the U.S. address on the boxes could cause an ultimate purchaser to believe that the product is of U.S. origin. When a U.S. address appears on an article or its container, 19 C.F.R. 134.46 is designed to prevent this kind of confusion by having the correct country of origin appear in close proximity to the U.S. address, in at least comparable sized lettering as the U.S. address and be preceded by “Made In,” “Product Of,” or other words of similar meaning. Accordingly, we find that the requirements of 19 C.F.R. 134.46 would be triggered when a U.S. address appears on a carton.

Customs has previously interpreted the close proximity requirement of 19 C.F.R. 134.46 to mean that the country of origin marking must appear on the same panel or side of a carton as the U.S. address so that the information is viewable in one inspection of the panel of the carton. See HQ 733084, March 19, 1990. Therefore, if the U.S. address appears on the bottom of the carton, the country of origin marking must also appear on the bottom panel of the carton in comparable sized lettering preceded by “Made In” “Product Of,” or other words of similar meaning.

Based on the information presented, it is our opinion that the smaller print and non-permanent marking on the label indicating the country of origin located on the back of the shaft (as opposed to the U.S. address of the trademark holder on the label located at the top of the tongue), is not in compliance with the requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134.

The reference to the U.S. address of the trademark holder on the shoeboxes would also be unacceptable under 19 U.S.C. 1304 and 19 C.F.R Part 134 if the actual country of origin of the footwear contained within them is not displayed as well. The country of origin marking on the shoeboxes must appear on the same panel or side of the carton as the U.S. address to satisfy the close proximity requirement of 19 C.F.R. 134.46.

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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