The marking of a shoe from China.

PD E80864 May 12, 1999 MAR-1-64:K:TO:A3:D23 E80864 CATEGORY: Marking Mr. Mate Sebestyen Unitrans Consolidated, Inc. 180-02 Eastgate Plaza Jamaica, NY 11434 RE: The marking of a shoe from China. Dear Mr. Sebestyen: In your letter dated April 16, 1999, your company requested a marking ruling on behalf of your client, Taifeng America Co., Ltd. You included a sample, designated item number 701, and described it as a pair of house slippers with uppers of fabric and soles of rubber foam. The slippers are packaged for retail. The slippers are enclosed in a see-through plastic bag to which a paper hang tag is stapled. The words made in China are printed on both sides of the hang tag. You ask whether the slippers are properly marked to indicate the country of origin to the ultimate purchaser. If not, you request to know the proper marking procedures for these slippers. Unless excepted by law, section 304, Tariff Act of 1930, as amended (19 United States Code (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 manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States. Title 19, Code of Federal Regulations (C.F.R.), Part 134.22, General Rules for Marking of Containers or Holders, (a) Contents Excepted from Marking states that when an article is excepted from the marking requirements by subpart D of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin. Under Subpart D, Exceptions to Marking Requirements, Part 134.32 lists specified conditions for articles to be excepted from marking requirements. Part 134.33, J-List Exceptions, lists articles of a class or kind excepted from the requirements of country origin marking in accordance with the provisions of section 304(a)(3)(J), Tariff Act of 1930, as amended (19 U.S.C. §1304(a)(3)(J)). Footwear is not one of the articles contained on this J-List of exceptions and there was no condition specified in your letter that would exempt the slippers under consideration from the marking requirements; therefore, the slippers are required to be marked on the actual items. In this case, both slippers are required to be marked with the country of origin 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, at the time of importation. For additional guidance in marking the slippers, I refer you to Parts 134.41 through 134.47 of the Customs Regulations (19 C.F.R.), Subpart E, which explains the method and location of marking imported articles. The sample is being returned as requested. This ruling is being issued under the provisions of Part 177 of the Customs Regulations. 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, John J. Martuge Area Director JFK Airport Enclosure