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NY H86611




January 25, 2002

MAR-2 RR:NC:TA:347 H86611

CATEGORY: MARKING

Ms. Ana Bajon
Toastee Toes LLC
165 Sayre Dr.
Princeton, NJ 08540

RE: THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR

Dear Ms. Bajon:

This is in response to your letter received January 03, 2002 requesting a ruling on whether the proposed marking "Made in Ecuador" is an acceptable country of origin marking for imported slipper shoes from Ecuador. Marked samples were submitted with your letter for review.

You have submitted three half pairs of fleece-like textile upper slippers, two with sewn-on, unit-molded rubber/plastic outer soles and one with a navy blue color, suede leather outer sole. The two slippers/shoes with rubber/plastic outer soles have a 1-1/4 inch diameter circle molded into the sole’s outside surface, which contains in raised 1/8-high legible lettering and in a straight line the words “Made in Ecuador.” Within this molded-in circle the gender designations M and W followed by numerical size designations are also included as well as the style name/logo “Toastee Toes.” The slipper/shoe with the navy blue suede leather outer sole is marked “Made In Ecuador” in a contrasting yellow color and with 1/8-inch high lettering that is pressed permanently into at a location about midway on the sole’s outer surface.

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, as described above, 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 these imported slippers/shoes, provided also that both shoes in the pair are so marked.

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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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