MAR 2-05 CO:R:C:V 732468 pmh

Mr. John B. Pellegrini
Ross & Hardies
529 Fifth Avenue
New York, NY 10017-4608

RE: Country of origin marking requirements for imported footwear

Dear Mr. Pellegrini:

This is in response to your letter of June 9, 1989, submitted on behalf of your client, Reebok International, Ltd., requesting reconsideration of Headquarters Ruling Letter 731463, dated June 24, 1988.

FACTS:

In the original submission of May 24, 1988, you requested a ruling on different forms and placement of country of origin marking used on imported footwear. In each of the sample shoes submitted with that request, the country of origin marking appeared on a fabric label sewn into the interior of the shoe. The labels were placed in the following locations: on the tongue approximately midway between the top and the bottom (for the purposes of this ruling, the top is the part of the tongue closest to the ankle and the bottom is the end of the tongue that is stitched into the shoe); on the side seam of the tongue approximately midway between the top and the bottom; and on the side of the shoe below the first shoelace holes. In HQ 731463, issued June 24, 1988 Customs held that the marking on each of the shoe samples submitted was not conspicuous and therefore, they were in violation of 19 U.S.C. 1304.

You request reconsideration of our previous ruling and state that the importer has made efforts to comply with HQ 731463. You have submitted three different samples of imported footwear, each exhibiting a different type of marking. As in the previously submitted samples, on each of these samples the name of the country of origin appears on a fabric tag which also bears the U.S., United Kingdom and European footwear size. The tags are sewn into the interior of the shoes at the following locations:

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on the underside of the tongue approximately in the top 1/3 portion of the tongue directly below a fabric label bearing additional product information; on the side seam of the tongue approximately midway between the top and the bottom; and in the side of the shoe below the first shoelace holes (those closest to the ankle opening). You wish to know whether all or any of these are acceptable.

ISSUE:

Whether marking the country of origin on tags sewn into a shoe's interior at the top 1/3 of the tongue; on the side seam of the tongue approximately midway between the top and the bottom; and in the side of the shoe below the first shoelace holes, complies with the country of origin marking requirements.

LAW AND ANALYSIS:

As you are aware, 19 U.S.C. 1304 requires, in general, that all articles of foreign origin imported into the U.S. be legibly, conspicuously and permanently marked to indicate the country of origin to the ultimate purchaser in the U.S. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in 19 CFR 134.41, the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

We have carefully examined the three sample methods of marking submitted and find that marking the footwear by means of a fabric tag stitched to the underside of the tongue at approximately the top 1/3 portion of the tongue or a fabric tag stitched in the side of the shoe, just below the first two shoelace holes, is acceptable. It is our opinion that an ultimate purchaser would inspect a shoe for the shoe size before buying it and that a casual inspection would readily reveal the tag stitched onto the underside of the tongue at approximately the top 1/3 portion of the tongue. Likewise, we find that such an inspection would also likely reveal the tag stitched in the side of the shoe just below the first two shoelace holes.

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With regard to the tag stitched into the side seam of the tongue, midway between the top and the bottom, we find such placement is not readily conspicuous. If the shoes are partially laced, the country of origin mark is totally obscured. In our opinion, it is not unlikely that the shoes would be partially laced at the time of purchase, in which case the ultimate purchaser would not easily find the country of origin marking. Consequently, we find the marking is not conspicuous and, therefore, not acceptable for marking purposes.

HOLDING:

Based on all the factors in this case and after careful examination of the samples submitted, we find that marking imported footwear with the country of origin by means of fabric tag stitched into the interior of the shoe at either the top 1/3 portion of the tongue or the side of the shoe just below the first two shoelace holes, satisfies the requirements of 19 U.S.C.1304 and 19 CFR 134.41. However, we note that any variation in the marking as described above, may affect the acceptability of the marking. We further find that marking imported footwear by means of a tag sewn to the side seam of the tongue does not comply with the country of origin marking requirements and is, therefore, not acceptable for marking purposes. The holding in this ruling and in HQ 731463 should help your client in identifying a location for the country of origin marking in each of the various models of footwear it manufactures.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch