MAR-2-05 CO:R:C:V jd 731065
Philip S. Gallas, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
2000 L Street, N.W.
Washington, D.C. 20036
RE: Country of origin marking requirements applicable to certain
ladies' athletic shoes
Dear Mr. Gallas:
This is in response to your letter of February 19, 1988,
requesting a country of origin marking ruling for a certain style
of ladies' athletic shoes.
FACTS:
You submitted a sample pair of ladies' athletic shoes. The
shoes are made of a white nylon material covered in parts by an
off-white suede-like material. Around the opening where the
wearer's foot would be inserted is a stripe of dark pink colored
nylon material. The dark pink stripe is consistent with the
model name of the shoes, "RazzBerry". There is a label sewn over
the tip of the tongue. On the half of the label on the outside
of the tongue, the model name appears in stylized letters of dark
pink thread. On the inside half of the label, it reads in
pertinent part, "MADE IN TAIWAN R.O.C.", in block letters of dark
pink thread approximately 1/8" in height.
We note that a shipment of 3900 pairs of shoes as described
above is the subject of an on-going transaction with the Port of
Boston. You must follow the procedure for internal advice set
forth in { 177.11(b)(2), Customs Regulations (19 CFR
177.11(b)(2)), or protest in { 174.11, Customs Regulations (19
CFR 174.11), for any matter you may wish to pursue regarding that
shipment. We can, however, address your questions regarding
prospective shipments.
ISSUE:
Does country of origin information on ladies' athletic
shoes which appears in block letters approximately 1/8" high,
embroidered in dark pink thread on a white label sewn inside the
tongue of each shoe in the pair, satisfy the requirements of 19
U.S.C. 1304?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), requires that every article of foreign origin (or
its container) imported into the United States shall be marked in
a conspicuous place as legibly, indelibly, and permanently as the
nature of the article (or container) will permit in such a manner
as to indicate to the ultimate purchaser the English name of the
country of origin of the article.
Section 134.41(b), Customs Regulations (19 CFR 134.41(b)),
states in reference to country of origin markings, "The ultimate
purchaser in the U.S. must be able to find the marking easily and
read it without strain."
Customs has previously ruled that country of origin
information appearing on a sewn-in label on the inside tongue of
a shoe was legible, permanent, and conspicuous. It was also
determined that both shoes in a pair should bear country of
origin marking (See ruling 725877 HL; August 9, 1984).
HOLDING:
It is the opinion of this office that the country of origin
information displayed in the sample athletic shoes satisfies the
requirements of 19 U.S.C. 1304. The marking is permanent,
legible, indelible, and conspicuous. We suggest you exercise
careful quality control over the size of the embroidered letters
and the color of the thread used in making those letters. Should
the size of the letters become smaller or the color of the thread
become lighter, the label would cease to satisfy marking
requirements.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs,
and Admissibility Branch