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NY K87325





July 14, 2004
MAR-2-64: RR: NC: SP: 247 K87325

CATEGORY: MARKING

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road (Suite 400)
Eden Prairie, MN 55347-4194

RE: Country of origin marking of hunting waders.

Dear Mr. Anderson:

In your letter dated June 10, 2004, on behalf of your client, LaCrosse Footwear Inc., you requested a ruling on acceptable country of origin markings for a hunting wader and retail box. You have submitted a sample of a chest-high neoprene wading/hunting outfit with a pair of waterproof rubber/plastics boots attached. In addition you have submitted a retail packaging cardboard box large enough to hold a pair of boots. In a telephone conversation with National Import Specialist, Richard Foley on July 12, 2004 you advised that there are two possible scenarios involved with your request. The first scenario involves the importation of waterproof rubber/plastics boots packaged for retail sale in the sample box. The second scenario involves the importation of boots from China and wading outfits from Taiwan that will be attached together in the United States before being offered for retail sale.

The sample corrugated cardboard retail box has an outdoor scene depicted on the top panel with “LaCrosse” registered trademark in large bold print. In addition, the four side panels also have “LaCrosse” printed in large lettering. Two panels have LaCrosse Footwear’s web site address, “lacrossefootwear.com.” printed on them. You state that these boxes will contain footwear properly marked “Made in China” at the time of importation. You ask if the retail boxes containing properly marked footwear have to be marked with the country of origin. You also ask if the shoe box is marked with the country of origin, are the enclosed footwear exempt from country of origin marking under 19 C.F.R. 134.24 (d)(1)?

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. The primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940). Imported footwear must be marked in a conspicuous place, legibly, indelibly, and permanently to indicate to the ultimate purchaser in the U.S. the English name of the country of origin. In addition, both shoes in a pair must be marked with the country of origin.

If the shoes of foreign origin are conspicuously and legibly marked with their country of origin, then marking the unsealed shoe box with the country of origin of the shoe is unnecessary, provided that the boxes have no place or locality references printed on them. Customs has previously held that cardboard shoe boxes are disposable containers excepted from marking with their own country of origin under 19 C.F.R. 134.24(c)(1).

Your reference to 19 C.F.R. 134.24(d)(1) relates to “containers or holders not designed or capable of reuse, imported full, When contents are excepted from marking. Usual disposable containers in use as such at the time of importation” Since the contents are not excepted from marking and the shoe boxes are not in use as disposable containers at the time of importation, 19 C.F.R. 134.24(d)(1) is not applicable. In addition, since LaCrosse is not the ultimate purchaser in the United States, the contents are not excepted from marking under the provisions of 19 C.F.R. 134.24(d)(1), nor 19 C.F.R. 134.32 (f), (g), or (h).

You have also submitted a sample of a finished camouflaged neoprene bib style wader with rubber/plastic boots. You state that the boots are made in and imported from China and are marked with the country of origin, “Made in China” at the top of the inside of the boot shafts. The neoprene upper is made in and imported from Taiwan and has a sewn in label, at the top of the upper, with the country of origin markings that state, “Upper Made in Taiwan ROC, Boot Bottom Made in China.” You state that after importation from China and Taiwan the two separate components will be assembled in the United States. You ask if the boot and upper are properly marked with the country of origin.

In this case, if imported separately, the boot marked “Made in China” and the bib style wader marked “Upper Made in Taiwan ROC, Boot Bottom Made in China” are acceptable. Please note that after importation and completion of the simple assembly of the boot to the upper, the country of origin labeling of the finished wader is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of the proposed markings.

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