The Country of Origin Marking of Shoe Boxes

N238704 April 2, 2013 MAR-2-64:OT:RR:NC:N4:447  CATEGORY: Marking Ms. Jennifer L. Cirrone Stride Rite Sourcing International, Inc. 191 Spring Street P.O. Box 9191 Lexington, MA 02420-9191 RE: The Country of Origin Marking of Shoe BoxesDear Ms. Cirrone:This is in response to your letter dated February 20, 2013, in which you requested a ruling on whether a shoe box requires country of origin marking. You provided a sample pair of footwear to be imported with the shoe box. You do not request a ruling on the sample footwear. A representative sample of the shoe box was submitted with your letter for review.The rectangular cardboard box measuring 12-1/4” by 8-5/8” shows two trademarks. The “SPERRY TOP-SIDER” trademark, including the symbol of a sailboat, is displayed on the top and sides of the attached flip-top and on the bottom of the box. On one end of the box, a 1-1/2 inch by 1-1/2 inch white label shows the “US SAILING TEAM SPERRY TOP-SIDER” registered trademark which also includes the sailboat symbol. The words “DEVELOPED WITH” in blue type, are placed above three horizontal red stripes. Below the stripes are the letters “US” in large blue type followed by “SAILING TEAM” in smaller blue type. Underneath are the words “SPERRY TOP-SIDER” in white on a blue background, followed by the symbol. Just beneath this trademark is another label which indicates UK and EUR sizes. The underside of the box shows the “SPERRY TOP-SIDER” trademark and, in very small print, a statement about the company’s commitment to eco-friendly practices in English and also in French. At the very bottom of the underside of the box are the words “Made in China” in small, 1 mm type.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 of the 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 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. 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” appears, 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. The purpose of 19 C.F.R. 134.46 and 19 C.F.R. 134.47 is to prevent the possibility of misleading the ultimate purchaser as to the origin of the imported article. 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). 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. 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. 134.46 and 19 C.F.R. 134.47. The label bearing the trademark “US SAILING TEAM SPERRY TOP-SIDER” with the letters “US” in large, bold, blue print, together with three horizontal red stripes that could be associated with the stripes on an American flag, could possibly mislead the consumer into thinking the country of origin of the enclosed footwear is the United States. The placement of the country of origin shown in very small type, away from this label and on the underside of the box, is inconspicuous. Therefore, if imported as is, the country of origin marking will not meet the country of origin marking requirements of 19 U.S.C. 1304. 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