THE COUNTRY OF ORIGIN MARKING OF SHOE BOXES.

NY D82512 October 22, 1998 MAR-2 RR:NC:TP:347 D82512 CATEGORY: MARKING Mr. John B. Pellegrini Ross & Hardies Park Avenue Tower 65 East 55th Street New York, N.Y. 10022 RE: THE COUNTRY OF ORIGIN MARKING OF SHOE BOXES. Dear Mr. Pellegrini: This is in response to your letter dated September 14, 1998, written on behalf of your client, Ralph Lauren Footwear Company, Inc., requesting a ruling on whether the subject shoe boxes need to be marked to show the country of origin. A representative sample of the shoe box was submitted with your letter for review. The top of the box depicts the American flag along with the words, "Polo Sport Ralph Lauren." You state that one of the side panels shows U.K. and EUR. sizes, and the third size designation, "CN" refers to centimeters. You ask whether the American flag or the U.K. and EUR. sizes trigger the requirement that the country of origin be set forth in close proximity. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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. Section 134.47 of the Customs Regulations (19 CFR 134.47) further provides that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or "United States" or "America" appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location. If the shoes of foreign origin are conspicuously and legibly marked with their country of origin, then marking the unsealed shoe box with the country of origin of the shoe is unnecessary, provided that the boxes have no place or locality references printed on them. Customs has previously held that cardboard shoe boxes are disposable containers excepted from marking with their own country of origin under 19 C.F.R. 134.24(c)(1). However, if the shoe box has a locality reference other than the country of origin of the imported footwear, it must be marked with the country of origin of the imported footwear in a conspicuous place to satisfy the requirements of 19 C.F.R. 134.47. The top of the shoe box you have submitted depicts the American flag. It is the opinion of this office that a consumer might be misled by the presence of the American flag prominently displayed on a shoe box and therefore not examine the footwear to determine the country of origin. Therefore, the presence of the American flag on the shoe box requires that the country of origin of the imported footwear appear in close proximity to the potentially misleading reference to comply with 19 C.F.R. 134.47. The purpose of 19 C.F.R. 134.47 is to prevent the possibility of misleading the ultimate purchaser as to the origin of the imported article. Shoe boxes, in particular, are held to a strict standard of compliance to the country of origin marking requirements of 19 C.F.R. 134.47. Therefore, if imported as is, it will not meet the country of origin marking requirements of 19 U.S.C. 1304. Customs has held that in order to satisfy the close proximity requirement of 19 C.F.R. 134.47, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. We agree with your contention that the size representations on the side panel of the shoe box are not misleading to consumers. A consumer would not misread this language as an indication of origin. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 212-466-5890. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division