THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR

N304173 May 21, 2019 MAR-2 OT:RR:NC:2:247 CATEGORY: MARKING Mr. Christian Möller ISA-TRAESKO GmbH Oderstraße 9 24539 Neumünster Germany RE: THE COUNTRY OF ORIGIN MARKING OF FOOTWEAR Dear Mr. Möller: This is in response to your letter, dated April 26, 2019, requesting a ruling on whether the proposed country of origin marking on four samples of imported footwear is acceptable. The submitted samples are identified as Model 1, “Rainboot” (China), Model 2, “Sandal” (China), Model 3, “Fitness shoe” (China), and Model 4, “Gardenclog” (Italy). All submitted samples will be returned. Model 1, “Rainboot” is a child’s closed toe/closed heel, above-the ankle, below-the-knee boot with an upper and outer sole of rubber or plastic. The country of origin label stating “Made in China” is conspicuously and permanently stitched to the inner shaft towards the top of the boot. Model 2, “Sandal” is a woman’s open toe/open heel, below-the-ankle, thong sandal, with a rubber or plastic upper and outer sole. The country of origin sticker printed with “Made in China,” located on the outer sole, is removable and not permanent. Model 3, “Fitness shoe” is a closed toe/closed heel, below-the-ankle, lace-up athletic shoe, with a textile upper and outer sole of rubber or plastic. The country of origin label showing “Made in China” is located on top of the inner sole is removable and not permanent. Model 4, “Gardenclog” is a unisex, closed toe/open heel, below-the-ankle clog, with a molded rubber or plastic upper and outer sole. The country of origin marking, “Made in Italy,” is permanently and legibly molded into the outer sole. 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. The proposed marking of imported Model 1, “Rainboot” (China) and Model 4, “Gardenclog” (Italy), as described above, is conspicuously, legibly, and permanently marked. It satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 as an acceptable country of origin marking for the imported footwear. The proposed marking of imported Model 2, “Sandal” (China) and Model 3, “Fitness shoe (China) as described above, is not permanently marked. The adhesive used on the back of the label is insufficient to remain on the article until it reaches the ultimate purchaser. It does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is therefore, not an acceptable country of origin marking for the imported footwear. 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 stacey.kalkines@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division