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NY 870982




February 12, 1992

MAR-2-01:N:N3:D-JG-347 870982

CATEGORY: MARKING

Mr. James C. Alherdi
A.J. Arango, Inc.
501 East Jackson Street
Tampa, Florida 33602

RE: The marking of footwear from Morocco.

Dear Mr. Alherdi:

In your letter dated January 17, 1992, which was received by this office on January 29, 1992, you requested a binding ruling on marking.

The sample submitted is a men's sandal with two pressure sensitive labels affixed to the insole. This sample is not properly marked.

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 United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article.

It is our opinion that although the country of origin label is legible and conspicuous, it is not affixed in a manner permanent enough to insure its survival to the ultimate purchaser. We base this on the fact that the label was already starting to peel off when we received the sample and was easily detached by us with very little effort. On the other hand, the price label was affixed permanently enough so that we were not able to remove it. If the country of origin marking was affixed in this same manner it would be acceptable.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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