Mar-2-05 CO:R:C:V 734552 AT
John B. Pellegrini, Esq.
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608
RE: Country of origin marking of imported footwear from China;
adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b);
permanent marking; HQ 733691; HQ 731089
Dear Mr. Pellegrini:
This is in response to your letter dated March 15, 1992, on
behalf of Humberto Vidal, Inc. (Humberto Vidal), requesting a
ruling on the country of origin marking of imported footwear from
China. A representative sample of the footwear to be imported
from China was submitted with your letter.
FACTS:
The submitted sample is a black moccasin with string
tassels. An adhesive black label measuring approximately 1 inch
in length is attached on the bottom of the sole. The words "Made
in China" are printed on the label, in gold-colored lettering
approximately 8 point (a point is a unit of type measurement
equal to 0.01384 inch of nearly 1/72 in., and all type sizes are
multiples of this unit). Affixed to the heel portion of the
inner sole of the shoe is a white paper adhesive label of
approximately 1 1/2 inch in length. The shoe size, price, bar
code and the words "Humberto Vidal" are printed on the label in
black lettering.
ISSUE:
Whether the proposed country of origin marking on the
submitted sample, as described above, satisfies the requirements
of 19 U.S.C. 1304 and 19 CFR Part 134?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), 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 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. Congressional intent in
enacting 19 U.S.C. 1304 was that the ultimate purchaser should be
able to know by an inspection of the marking on the imported
goods the country of which the goods is the product.
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 section 134.41, Customs Regulations
(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.
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,
its 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), provides that except for articles
which are the subject of a ruling by the Commissioner of Customs
or those articles classifiable in an item number specified in
section 134.43, Customs Regulations (19 CFR 134.43), 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. If paper stickers or
pressure sensitive labels are used, they must be affixed in a
conspicuous place and so securely that unless deliberately
removed they will remain on the article while it is in storage or
on display and until it is delivered to the ultimate purchaser.
(19 CFR 134.44(b)). See also 19 CFR 134.41
Customs has previously ruled in HQ 731089 (February 13,
1989) that country of origin marking on footwear (moccasin and
beach sandal) by means of paper or plastic adhesive labels was
acceptable provided the label was conspicuous, legible and
permanently placed on the footwear. In that ruling Customs
stated that such factors as the type of surface on which the
label was attached, and whether the label could withstand normal
handling and remain on the shoe until it reached the ultimate
purchaser, should be considered in determining the permanency of
the label. In HQ 733691 (May 24, 1991), Customs ruled that
marking the country of origin on the bottom of the sole of
athletic footwear was in a conspicuous place and was acceptable
so long as the marking was permanent and legible.
In this case we find that the country of origin marking on
the submitted sample is conspicuous, legible and permanent. As
in HQ 733691, the country of origin marking on the bottom of the
sole of the moccasin is in a conspicuous location in that an
ultimate purchaser could easily find and read the marking upon a
casual examination. Also, the adhesive label affixed to the
bottom of the sole of the moccasin satisfies the permanency
requirements of 19 CFR 134.44(b). Like the moccasin and beach
sandal in HQ 731089, the label on the moccasin would withstand
normal handling and remain on the shoe until it reaches the
ultimate purchaser. Furthermore, the adhesive label is securely
attached to the bottom sole of the moccasin which will not be
affected by the normal handling (trying the shoe on for size),
usually associated with footwear of this type and is very
difficult to pull off without damaging the label itself.
HOLDING:
The country of origin marking on the sample moccasin, as
described above, satisfies the marking requirements of 19 U.S.C.
1304 and 19 CFR Part 134.
Sincerely,
John Durant, Director