Country of origin marking requirements applicable to certain ladies' athletic shoes

HQ 731065 April 1, 1988 MAR-2-05 CO:R:C:V jd 731065 CATEGORY: Marking 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