MAR-2-05 CO:R:C:V 734662 RC
Mr. Jay P. Urwitz
Hale and Dorr
The Willard Office Building
1455 Pennsylvania
Washington, D.C. 20004
RE: Country of Origin Marking for Ski Boots; Conspicuous
Place.
Dear Mr. Urwitz:
This is in response to your request, dated May 26, 1992, for
a ruling on the acceptability of the country of origin marking on
six types of ski boots. In your subsequent letter dated August
20, 1992, pursuant to section 19 C.F.R. 177.6, you withdrew your
request with regard to the following ski boots: Group B. "Tri-
Tech", Group C. "72/42", Group D. "61/31", and Group F. "91/71" and
requested that we rule only with regard to Group A.
"Integral/Evolution" and Group E. "128".
FACTS:
Your client, Salomon/North America, Inc. (Salomon), imports
various downhill ski boots made primarily in France and Italy for
retail sale in the United States. The ski boots to be considered
are divided into two groups:
Group A. "Integral" marked "MADE IN FRANCE", and "Evolution"
marked "MADE IN ITALY" on the front sole pad of each.
Group E. "128"--marked "MADE IN ITALY" in the center of the sole,
under the arch area.
The boots are marked with their countries of origin by means of
raised lettering which is imparted by injection molding during
manufacture. The lettering is approximately 9 points in height
and approximately 1/32 to 1/16 inch in relief, injection molded.
(A point is a unit of type measurement equal to 0.01384 inch or
nearly 1/72 inch, and all type sizes are multiples of this unit.)
You have indicated that because the attachment of tags is not
acceptable to Salomon North America, Inc. for various practical and
commercial reasons, Salomon requests approval from Customs of the
above-described injection-molded marking on the sole of the boot.
ISSUE:
Whether the markings as described above are legible,
permanent, and in a conspicuous place within the meaning of 19
U.S.C. 1304 and 19 CFR Part 134.
LAW AND ANALYSIS:
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 CFR Part 134),
implements the country of origin marking requirements and
exceptions of 19 U.S.C. 1304.
Section 134.41(b), (19 CFR 134.41(b)), Customs Regulations,
specifies that a marking should be at least sufficiently permanent
to insure that in any reasonably foreseeable circumstance the
marking shall remain on the article or its container until it
reaches the ultimate purchaser and that the ultimate purchaser in
the U.S. must be able to find the marking easily and read it
without strain.
Two previous rulings on footwear tend to support your position
that the sole or bottom of the boot is a conspicuous place to put
the country of origin marking. In HQ 734267 (December 11, 1991),
a beach thong submitted for ruling upon was marked with an adhesive
label attached to the rear of the thong on its side. Although our
chief concern in that ruling was the permanency element of
conspicuousness, we ruled that the marking, which was located on
the side of the sole, complied with all the requirements of
conspicuousness. In HQ 733691 (May 24, 1991), Customs discussed,
inter alia, the conspicuousness of a country of origin marking
which appeared on the bottom of the sole of athletic footwear.
There the shoes were marked by means of either branding, injection
molding, or ink-stamping and we ruled that the location of the
marking on the sole and the above-mentioned methods of marking were
proper. In this case, it is our opinion equally that the markings
placed on the bottom or side of the boot, if otherwise legible and
permanent, are in a conspicuous place, that is, one in which it
will be found easily by the ultimate purchaser.
The markings on the submitted samples appear on or near the
sole and are injection molded in raised lettering. The topography
of the lettering is approximately 1/32 to 1/16 inch in relief,
depending on the particular ski boot. The markings appear in non-
contrasting colors. While color contrasting usually makes the
marking easier to read, there is no specific requirement that the
marking be in contrasting colors. To determine whether or not a
marking is legible, Customs must consider all the elements: the
relief of the letters, the size and style of print, the location,
the format, etc.
The marking of the Group A. ski boots with "MADE IN FRANCE"
appears in two places, on the sole and on the side near the heel.
Another boot is marked only on the sole, "MADE IN ITALY". The
soles of both boots are marked with letters raised two to four
points which is sufficiently high to create a shadowing effect.
This marking on the sole is legible because of its particular
relief, and because the nine point lettering is large enough to be
read without strain. The marking is permanent because it is
injection molded. The marking on the side of the boot is not
legible because the relief is slight. It would not be necessary
to mark also merely to mark the side of the boot. We are of the
view that the country of origin marking of ski boots on the sole
of the boot satisfies the requirements of conspicuousness,
permanence, and legibility. Therefore, the Group A. country of
origin markings on the "Integral" and the "Evolution" are
acceptable.
The Group E. ski boots bear the marking "MADE IN ITALY" in one
place, on the sole. The marking is permanent because it is
injection molded. It is legible because the relief of lettering
is sufficiently high to create the shadowing effect, making it
easily found, and its nine point height enables it to be read
without strain by the ultimate purchaser. Therefore, the Group E.
country of origin marking on the "128" is acceptable.
HOLDING:
The country of origin markings for the ski boots in Group A.,
"Integral/Evolution", and Group E., "128", satisfy the requirements
of 19 USC 1304 and 19 CFR Part 134.
Sincerely,
John Durant, Director