CBP Ruling N005821 — Marking of Footwear

Tariff classification

HTS codes: 1930, 1940, 3963, 1304, 2007, 2006, 8300

Headings: 1930, 1940, 3963, 1304, 2007, 2006, 8300

Product description

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). You have submitted two samples of footwear identified as “Pattern CR/1B Via Spiga Brand – High Heel” and “Pattern AN/1 Via Spiga Brand – Flat.” Both samples are, as

Full text

N005821 February 9, 2007 MAR-2-64:RR:SP:247 CATEGORY: Marking Ms. Karen Zeuschel Brown Shoe 8300 Maryland Avenue St. Louis, MO 63105-3963 RE: Marking of Footwear Dear Ms. Zeuschel: In your ruling request dated January 24, 2006, you requested a tariff classification ruling concerning the country of origin marking of footwear from Brazil. 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). You have submitted two samples of footwear identified as “Pattern CR/1B Via Spiga Brand – High Heel” and “Pattern AN/1 Via Spiga Brand – Flat.” Both samples are, as you state, marked on the inside lining in the front toe area. The marking is difficult to find even when specifically looking for it and is not in a conspicuous place. Therefore, if imported as is, the footwear will not meet the country of origin marking requirements of 19 U.S.C. 1304. 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 ruling, contact National Import Specialist, Richard Foley at 646-733-3042. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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