COUNTRY OF ORIGIN MARKING OF IMPORTED FOOTWEAR

N072390 August 19, 2009 MAR-2 OT:RR:NC:N4:447 CATEGORY: MARKING Mr. John B. Pellegrini McGuireWoods LLP 1345 Avenue of the Americas Seventh Floor New York, NY 10105-0106 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FOOTWEAR Dear Mr. Pellegrini: This is in response to your letter dated August 13, 2009 on behalf of Reebok International Ltd., requesting a ruling on whether footwear marked “Made in China” on a size label located inside the tongue while also having “Reebok Massachusetts, USA” printed conspicuously, and in larger typeface, on the foot bed and also on a cardboard hang tag is misleading or deceiving in regards to the origin of the goods. 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 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. The proposed marking of imported footwear, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is, in the opinion of this office, confusing or deceiving in regards to the origin of the goods. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. 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 (646) 733-3042. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division