October 2021 — Question 9
What is the appropriate country of origin marking for a pair of shoes manufactured in China and imported with its unsealed shoebox that reads “Kicks! America's Favorite Sneaker”?
- AShoes must be marked with country of origin; shoebox is exempt from country of origin marking.
- BShoes are exempt from country of origin marking.
- CBoth the shoebox and shoes must be marked with country of origin.✓ CBP's answer
- DOnly the shoebox must be marked with country of origin.
- EShoes and shoebox can be marked with a sticker stating the country of origin.
Why this answer
The shoes must carry origin marking because they are articles of foreign origin that reach the ultimate purchaser, and an unsealed box cannot substitute for marking the article itself. The cited rule then reaches the box: when an imported article's container displays a United States reference, here America in the slogan, the country of origin must also appear on the container, legibly and permanently, in close proximity to the U.S. reference and in comparable size. Both therefore need marking. Option A is the tempting distractor because containers are often exempt, but the America wording strips the shoebox of any exemption. Watch for: Treating the shoebox as an exempt container despite the America wording that triggers marking.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the October 2021 examination.
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