The country of origin marking of footwear from Spain

N088743 January 13, 2010 MAR-2-OT:RR:NC:N4:447 CATEGORY: Marking Mr. Jon Nelson Nordstrom, Inc. 1617 6th Avenue, Suite 1000 Seattle, WA 98101-1742 RE: The country of origin marking of footwear from Spain Dear Mr. Nelson: In your letter dated December 18, 2009 you requested a ruling for the country of origin marking of a girl’s shoe imported from Spain. The sample submitted by you, identified as style “Balloo Boubou-can” is a girl’s shoe which is composed of an outer sole of rubber/plastics and an upper of canvas. You state in your letter that the shoe will be marked with the country of origin “Spain” molded into the outer sole as evidenced by the submitted sample marked “Made in Spain.” At issue is a hang tag that will be attached to the shoe which will state “made in Green.” You claim that the “made in Green” hang tag is to inform the consumer that the shoe is “free from harmful substances,” “respect for the environment” and “respect for human rights” (three pictorial symbols of which appear on the back of the hang tag) and that the “made in Green” website describes the term as “a special symbol” for all those who provide or who are seeking textile products manufactured with this guarantee. It is your contention that the ultimate purchaser should understand that the term “made in Green” references product information on the hang tag only and is not meant to confuse the consumer as to the country of origin and that the shoe is properly marked with the country of origin with the words “Made in Spain” molded into the outer sole. We agree with your contention. 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 United States 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 United States the English name of the country of origin of the article. Section134.46, Customs Regulations (19 CFR 134.46), provides that: In any case 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 location 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 appear 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 of the article, 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. Accordingly, since there is no reference made on hang tag to the “United States,” “American,” “U.S.A.” or to any foreign country or locality other than the country or locality in which the article was manufactured, we find that the submitted sample with the country of origin “Spain” preceded by “Made in” molded into the outer sole is properly marked pursuant to 19 CFR 134.46 and as such, the hang tag would not confuse the ultimate purchaser with regard to the country of origin. 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 Stacey Kalkines at (646) 733-3042. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division