HQ 561582 - Country of origin marking requirements for women’s footwear; conspicuous; 19 CFR 134.41(b) - United States International Trade Commision Rulings

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HQ 561582

February 29, 2000

MAR-2 RR:CR:SM 561582 RSD

CATEGORY: MARKING

Ms. Pam L. Blattel
Manager of Customs Compliance
Pagoda Trading Company
A Division of Brown Shoe Company
8300 Maryland Avenue
St. Louis, Missouri 63105-3693

RE: Country of origin marking requirements for women’s footwear; conspicuous; 19 CFR 134.41(b)

Dear Ms. Blattel:

This is in response to your letter dated November 17, 1999, on behalf of the Brown Shoe Company regarding the country of origin marking requirements for women’s footwear. A sample of a women’s shoe was submitted for our consideration.

FACTS:

The sample footwear is a women’s clog-like shoe with an open toe and open heel. The name of the sample is the “Mindy” pattern with the designated style numbers of 182L32, 285L32, 885L32, 088L32, 482L32, and 582L32. The upper material of the sample shoe is made of leather, while the shoe’s unit bottom and sole are made of polyurethane. You indicate that the footwear is made in China, but the seller is located in Hong Kong.

On the sample shoe, the country of origin marking which indicates “Made in China” has been indelibly stamped on the inside of the vamp on the right side in white lettering against a black background. In addition, adjacent to the country of origin marking is information regarding the material used to make the shoe. You inquire as whether the country of origin marking is in an acceptable location. We note that the sample has an adhesive paper label on the bottom of the sole that indicates various information regarding the sample shoe and shows country of origin as “Made in TAIWAN”. We will assume for purposes this ruling that the label on the sole indicating the shoe is made in Taiwan is not accurate and that your inquiry only concerns the acceptability of the stamped marking on the inside of the shoe.

ISSUE:

Whether the country of origin marking on the sample women’s footwear as described above is in a conspicuous location.

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. "The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940). C.A.D. 104 (1940).

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(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S, is able to find the marking easily and read it without strain.

The country of origin marking should appear in a location where the ultimate purchaser would expect to find it or in a location where the ultimate purchaser would be able notice it from a causal inspection of the merchandise. However, the country of origin marking does not have to appear in the most conspicuous location on the article. See Headquarters Ruling Letter (HRL) 734530, dated June 29, 1992.

In HRL 732468, dated September 18, 1989, in reviewing samples of athletic shoes we found that marking the footwear by means of a fabric tag stitched to the underside of the tongue at approximately the top 1/3 portion of the tongue or a fabric tag stitched in the side of the shoe, just below the first two shoelace holes, was acceptable. It was our opinion that an ultimate purchaser would inspect a shoe for the shoe size before buying it and that a casual inspection would readily reveal the tag stitched onto the underside of the tongue
at approximately the top 1/3 portion of the tongue. Likewise, we found that such an inspection would also likely reveal the tag stitched in the side of the shoe just below the first two shoelace holes.

However, in HRL 732468, we found that a country of origin marking on a tag stitched into the side seam of the tongue, midway between the top and the bottom, was not conspicuous. We noted that if the shoes were partially laced, the country of origin marking would be totally obscured. Because we believed that when the shoes were displayed for sale they were likely to be partially laced, we felt that the ultimate purchaser could have difficulty finding the country of origin marking at the time of purchase. Consequently, we concluded that the marking was not conspicuous and, therefore, not acceptable for country of origin marking purposes.

In this case, the sample footwear does not have a tongue, but it has an open toe and heel which facilitate viewing the inside of the shoe. We note that there is nothing to obscure the country of origin marking on the right side of the vamp of the shoe, and that the origin marking is adjacent to information regarding the materials used to make the shoe. Accordingly, we believe that ultimate purchasers would be able to observe the marking from a casual examination of the shoe. In addition, the country of origin marking is in white letters (against a contrasting black background) which are large enough so that the marking can be read without strain. Thus, we find that the country of origin marking shown on the sample footwear satisfies the conspicuousness and legibility requirements of 19 CFR 134.41(b).

HOLDING:

The country of origin marking on the right side of the vamp as shown on the sample of the women’s footwear satisfies the conspicuousness and legibility requirements of 19 CFR 134.41(b).

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. 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,

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