THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR FROM CHINA

N223218 July 12, 2012 MAR-2 OT:RR:NC:4:447 CATEGORY: MARKING Mr. John B. Pellegrini McGuireWoods LLP 1345 Avenue of the Americas Seventh Floor New York, NY 10105 RE: THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR FROM CHINA Dear Mr. Pellegrini: This is in response to your letter dated June 11, 2012, on behalf of Genesco Inc. requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported footwear. A marked sample was submitted with your letter for review. The footwear at issue is a man’s, lace up, below the ankle shoe, consisting of a leather upper and an outer sole of rubber or plastics. The word “TRASK”, and below in smaller letters, the words “AN AMERICAN ORIGINAL” are printed on the foot bed or insole, what you describe as the sock lining. The country of origin is found adjacent to the shoe size on the interior of the tongue. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Section 134.46 of the Customs Regulations (19 C.F.R. §134.46) provides that in any case where the words “U.S.,” “American,” or any variation of such words or letters, or the name of any city or locality in the U.S., 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 any imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and at least in a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. 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. We find that the marking “AN AMERICAN ORIGINAL” on the foot bed or insole invokes the requirements of section 134.46, Customs Regulations (19 C.F.R. §134.46). Consequently, the proposed country of origin marking located under the tongue would not be considered marked on the same side or surface and would not satisfy the close proximity requirement. There is no indication in your letter that the logo “AN AMERICAN ORIGINAL,” located on the insole of the submitted sample, is a registered trademark or trade name by Genesco Inc. If it is, then section 134.47, Customs Regulations (19 C.F.R. §134.47) applies. It 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. 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 Stacey Kalkines at (646) 733-3042. Sincerely, Thomas J. Russo Director National Commodity Specialist Division