HQ 0730955 - Country of origin marking on imported fire extinguishers. - United States International Trade Commision Rulings

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HQ 730955

January 13, 1989

MAR 2-05 CO:R:C:V PMH

CATEGORY: MARKING

Mr. Claude A. Brosseau
A. N. Deringer, Inc.
30 West Service Road
Champlain, N.Y. 12919-9703

RE: Country of origin marking on imported fire extinguishers.

Dear Mr. Brosseau:

This is in response to your letter of December 22, 1987, in which you requested a ruling on the proper country of origin marking on imported fire extinguishers. We regret the delay in responding to this matter.

FACTS:

The submitted sample consists of an aluminum canister fire extinguisher, approximately seven inches high and two inches in diameter, and an adhesive label approximately five inches by three and a half inches. Printed on the canister are the words "Fyr-Fyter," instructions on how to use the fire extinguisher and a warning regarding the contents of the fire extinguisher. Printed at the bottom of the canister are the words "FIRE EXTINGUISHER MADE IN CANADA." The lettering of "MADE IN CANADA" is smaller than that used for the product name and larger than that used for the warning. On the side of the canister are maintenance instructions for the fire extinguisher and the words "MANUFACTURED FOR R.C. INDUSTRIES, New Brunswick, N.J.." Applied to the back of the canister is a small adhesive label which consists of silver letters on a red background. On this small label are an inspection number, a model number, the name "APPLIED RESEARCH LABORATORIES, Miami, Florida 33014" and the words "DISTRIBUTED BY: R.C. Industries, Inc. 120 Jersey Avenue New Brunswick, N.J. 08901."

The submitted label is identical to the printing on the canister, but in addition includes the model number and a classification number according to the Underwriters Laboratories of Canada. You state that this label will be used on the canisters in the future.

ISSUE:

Whether the submitted canister and label comply with the country of origin marking requirements of 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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), sets forth regulations implementing the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41, Customs Regulations (19 CFR 134.41), provides that the marking of an imported product must be conspicuous enough so that the ultimate purchaser will be able to find the marking easily and read it without strain.

After a careful review of the submitted sample canister and label, we have concluded that the country of origin marking on each is sufficiently conspicuous to meet the requirements of 19 U.S.C. 1304. It is our opinion that the lettering of the words "MADE IN CANADA" is of sufficient size and boldness to make it readily visible to the ultimate purchaser.

In addition, we find that although the U.S. address of R.C. Industries appears on the canister and on the label, the placement of this address is in compliance with section 134.46, Customs Regulations (19 CFR 134.46). Section 134.46 requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser. In this case, the words "MADE IN CANADA" are more prominent in size, position and boldness than the U.S. address and appear in close enough proximity to that address so as to avoid the possibility of confusion as to the country of origin.

Likewise, with regard to the small adhesive label at the back of the canister, it is our opinion that the two domestic addresses that appear on that label are too inconspicuous in size and contrast to be misleading or to cause confusion as to the country of origin.

HOLDING:

Based on the above considerations, we find that the country of origin marking on the submitted canister fire extinguisher and label is sufficiently conspicuous and in compliance with 19 U.S.C. 1304 and 19 CFR 134.46.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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