COUNTRY OF ORIGIN MARKING OF IMPORTED FOOTWEAR; ARTICLE 509

NY H80179 May 9, 2001 MAR-2 RR:NC:TP:347 H80179 CATEGORY: MARKING Mr. John B. Pellegrini Ross & Hardies Park Avenue Tower 65 East 55th Street New York, NY 10022-3219 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FOOTWEAR; ARTICLE 509 Dear Mr. Pellegrini: This is in response to your letter dated April 23, 2001, written on behalf of your client, Advantage Supplies Inc., requesting a ruling on the country of origin marking requirements for imported footwear which will be assembled from U.S., Canadian, and Mexican components in a NAFTA country. A marked sample was not submitted with your letter for review. This ruling request concerns the country of origin marking requirements for what you state will be boots manufactured in Mexico that will qualify as originating goods under the North American Free Trade Agreement (NAFTA). The question you present here is whether an origin statement which refers to the source of the components and asserts NAFTA status is acceptable under Section 304 of the Tariff Act and Part 134 of the Customs Regulations. The components and materials of United States origin are: 1) “Cordura” nylon fabric; 2) collar and ankle webbing; 3) steel toes; 4) eyelets and inch hooks; 5) shoelaces; 6) insoles; 7) lining material; and 8) insole board. The boots will have a steel plate made in Canada. The balance of the materials: leather, polyurethane outsoles and thread will originate in Mexico. You state that the assembly will take place in Mexico, therefore, you state that Mexico is the country of origin. The company proposes the following origin labels: NAFTA Product – Assembled in Mexico NAFTA Qualified – Assembled in Mexico Assembled in Mexico and the USA with NAFTA Qualified Components from the USA, Canada and Mexico USA Components – Made in Mexico Assembled in Mexico with NAFTA Components Assembled in Mexico with USA, Canada and Mexico Components Made in Mexico With USA Components NAFTA Qualified, Assembled in Mexico with Components from the USA, Canada and Mexico You state that the proposed labels each indicate Mexico as the country of origin, and that the balance of the statements which refer to component origin and NAFTA qualifications are accurate. You do not believe that the statements are misleading as to origin. 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish.” Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. In this case, you state that U.S. and Canadian component(s) are exported to a NAFTA country (Mexico) where they are assembled prior to being re-imported into the U.S. Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes. Assuming that all materials used in the construction of the boots are originating materials, the finished items will be considered originating goods and will be eligible for preferential treatment under the NAFTA pursuant to General Note 12(b)(iii) upon compliance with all applicable laws, regulations, and agreements. Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we agree that the imported footwear is a product of Mexico for marking purposes since the materials involved in producing the boots will lose their identity and undergo further manufacturing in Mexico to produce the final product. In this regard, the various markings proposed by Advantage Supplies Inc. are acceptable country of origin markings for the footwear. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 212-637-7089. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division