[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6608-6609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3158]


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DEPARTMENT OF THE TREASURY

Customs Service
[T.D. 98-11]


Country of Origin Marking Requirements for Imported Footwear

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Policy statement.

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SUMMARY: This notice advises interested parties that Treasury Decision 
86-129, which pertains to the country of origin marking of footwear and 
footwear containers, was effectively revoked by the amendment of 
Sec. 134.46, Customs Regulations, published as Treasury Decision 97-72, 
and that footwear and/or its container must be marked in accordance 
with Sec. 134.46, as amended.

EFFECTIVE DATE: February 9, 1998.

FOR FURTHER INFORMATION CONTACT: Karen S. Greene, Special 
Classification and Marking Branch (202) 927-2312.

SUPPLEMENTARY INFORMATION:

Background

    Section 304 of the 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. Part 134, Customs Regulations (19 CFR part 
134), implements the country of origin marking requirements and 
exceptions of 19 U.S.C. 1304.
    Section 134.46, Customs Regulations (19 CFR 134.46), concerns how 
articles should be marked when the name of a country other than the 
country of origin appears on the article or its container. Section 
134.46 was recently amended by Treasury Decision (T.D.) 97-72, 
published in the Federal Register (62 FR 44221) on August 20, 1997.

    Prior to its amendment by T.D. 97-72, Sec. 134.46 provided as 
follows:
    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 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, appear on an imported article or its container, 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.

    Furthermore, 19 CFR 134.36(b) provided that in circumstances in 
which either 19 CFR 134.46 or 134.47 was applicable, no exception from 
marking would apply.
    In accordance with the above reading of Sec. 134.46, Customs, in 
T.D. 86-129, published in the Federal Register (51 FR 24814) on July 9, 
1986, set forth a policy statement regarding its application of the 
country of origin marking requirements for imported footwear and its 
containers where the name of a country other than the country of origin 
appears. In T.D. 86-129, Customs established a policy of strict 
application of that provision in the case of imported footwear and shoe 
boxes, whereby all requirements of Sec. 134.46 (e.g. proximity, size, 
etc.) would be applicable regardless of whether the locality reference 
in the marking was misleading or deceptive.
    The amendment of Sec. 134.46 by T.D. 97-72 has effectively revoked 
T.D. 86-

[[Page 6609]]

129. As amended by T.D. 97-72, Sec. 134.46 now provides:

    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 purchase 
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.

    As a result of T.D. 97-72, Sec. 134.46 no longer is applicable on 
an automatic basis dependent solely on the presence of the other 
locality marking on the article, but rather is now expressly based on a 
preliminary finding that the locality information may mislead or 
deceive the ultimate purchaser.
    In view of the fact that T.D. 86-129 is entirely inconsistent with 
Sec. 134.46, as amended by T.D. 97-72, T.D. 97-72 effectively revoked 
T.D. 86-129. This document expressly informs interested members of the 
public of the revocation of T.D. 86-129. Consistent with Sec. 134.46, 
footwear and/or its containers must be marked in accordance with the 
requirements of 19 CFR 134.46 only if the locality marking on imported 
footwear and its containers may mislead or deceive the ultimate 
purchaser as to the actual country of origin of the article.

    Dated: February 3, 1998.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 98-3158 Filed 2-6-98; 8:45 am]
BILLING CODE 4820-02-P