FTC Issues Staff Opinion that Sheer Hosiery Foot Bands and Toe & Foot Covers are Not "Socks" and are Not Subject to New Origin Labeling Requirements
On March 20, 2006, the Federal Trade Commission (FTC) responded to a request on behalf of Sara Lee Branded Apparel for a staff opinion letter on whether certain hosiery products (specifically, sheer nylon foot bands, toe covers, and foot covers) are subject to the special marking requirement for socks that went into effect on March 3, 20061.
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According to the request, the foot bands are designed for wear with open-toe shoes and casual slides, and leave most of the foot bare, including the toes and heel. The toe covers are designed to cover only the toes. The foot covers, also known as "peds," cover the foot from the toes to the heel, but are not visible while worn in pumps or casual loafers. All of the products are classified in HTS 6115.93.9020, one of the HTS numbers subject to the sock labeling requirements.
Foot Bands, Toe Covers and Foot Covers are Not Socks
The FTC staff states that its opinion is that these items are not "socks" and, therefore, the country-of-origin disclosure does not need to appear on the front of the packaging but may instead appear on the back of the package.
CBP Jurisdiction or Rulings
The FTC notes that its staff opinion in no way limits any jurisdiction or rulings of U.S. Customs and Border Protection (CBP) pursuant to the Tariff Act and the rules and regulations thereunder.
1The FTC imposed a new country-of-origin labeling requirement, effective March 3, 2006, for socks in HTS 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, and 6111.90.50. See ITT's Online Archives or 02/27/06 news, 06022720, for BP summary on new sock labeling requirement.)
FTC contact - Steve Ecklund (202) 326-2841
FTC staff opinion (dated 03/20/06) available at http://www.ftc.gov/os/statutes/textile/letters/sandler.pdf.