CLA-2-64:OT:RR:NC:N2:447
Mr. John B. Pelligrini
McGuireWoods LLP
1345 Avenue of the Americas, 7th Floor
New York, NY 10105-0106
RE: Country of origin marking for imported footwear
Dear Mr. Pellegrini:
In your letter dated June 5, 2017, you requested a marking ruling on behalf of your client Eastman Footwear Group.
The submitted photograph show a representative example of the footwear to be imported. The logo of the United States Ski Association appears on the shoe. You state the logo is pending trademark and submitted evidence of the pending application. You maintain since the logo is a trademark, the country of origin need not appear in close proximity to the logo, but it must appear in a “conspicuous location.”
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), requires 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 manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. The regulations implementing the requirements and exceptions to 19 U.S.C. §1304 are set forth in Part 134, CBP Regulations (19 C.F.R. Part 134).
Section 134.46, CBP Regulations (19 C.F.R. §134.46), states the following: In any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. Section 134.47, CBP Regulations (19 C.F.R. §134.47), states the following: When as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or “United States” or “America” appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by “Made in,” “Product of,” or other similar words, in close proximity or in some other conspicuous location.
In the present case, the subject footwear’s country of origin will be displayed on a label within one inch of the top of the inside of the tongue. The country of origin marking is conspicuous to the ultimate consumer. As a result, this office agrees that the footwear satisfies country of origin marking requirements.
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 above, contact National Import Specialist Stacey Kalkines at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division