FACTS: Mustang Boot Manufacturing (MBM), located at Piazza del Duomo, 6, Milano, Italy 20122, imports U.S.-origin American alligator skin in the shape of a cowboy boot upper. MBM uses Italian-origin bovine (cow) leather to make the soles and heels, combines them with the uppers, and subjects all pieces to further processing to render them suitable for cowboy boots. The shape of the cowboy boot upper slightly changes when assembled with the soles and heels.
MBM and its U.S.-based supplier for the American alligator skin have complied with the U.S. Fish & Wildlife Service (FWS) export requirements. The FWS Office of Law Enforcement has issued the appropriate export license and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) tag was affixed to the skin prior to export.
Joseph Costa (Mr. Costa) is a sales representative for MBM. MBM uses Expeditious Customs Brokers (Expeditious). MBM notifies Expeditious that Mr. Costa will be arriving at the Port of Houston, Texas, a designated FWS port, on a Star Airlines flight from Italy. In his baggage, Mr. Costa will have four pairs of boot samples with a total value of $3,000.00 (U.S. dollars) that he intends to use as samples for generating orders. During his demonstration of the boots after importation to footwear retailers and wholesalers in Houston, Mr. Costa will be cutting the boots, effectively destroying them, to show potential customers the features of the boots. Mr. Costa will be exporting the boots back to Italy.
There are two styles of cowboy boots, both unisex, one with a pointed toe and one with a square toe. The boots are above the ankle but below the knee. There are pull loops near the top of the boot to assist the wearer in pulling on the boots. Each cowboy boot is constructed with a strip of leather (welt) that runs around the tread portion of the sole. The strip of leather and shoe upper are sewn to a lip on the surface of the insole and the outsole is sewn to the strip of leather as well. The cowboy boot with the pointed toe is called GatorP Buckaroo and the style number is MBM-P-50268. The cowboy boot with the square toe is called GatorS Buckaroo and the style number is MBM-S-50275.
MBM has asked Expeditious to enter the boots under the temporary importation under bond provision as the boots are commercial goods and ineligible for an oral entry, such as a baggage declaration. MBM provided the Interim Footwear Invoices, copies of the export permits from Italy, copies of the export license and CITES information from the export from the U.S. of the American alligator skin uppers.