HQ 0732063 - Country of origin marking requirements applicable to transmission gears and parts - United States International Trade Commision Rulings

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HQ 732063

January 19,1989

MAR-2-05 CO:R:C:V 732063 jd

CATEGORY: MARKING

Scott Wilson, Esq.
Maupin Taylor Ellis & Adams, P.C.
2100 M Street, N.W.
Washington, D.C. 20037-1207

RE: Country of origin marking requirements applicable to transmission gears and parts

Dear Mr. Wilson:

This is in reply to your letters of September 26 and December 12, 1988, concerning the country of origin marking requirements applicable to certain transmission gears and parts. In particular, your client is seeking an exception to the requirement of individual marking of such articles.

FACTS:

According to your submission, your client imports transmission gears and other transmission and differential parts from various countries such as Korea and Spain. All parts are shipped individually boxed in brown or white cardboard boxes. Within the box, each piece is coated with petroleum jelly or oil to prevent deterioration during shipment and wrapped in plastic or wrapping paper.

Your client sells most of the imported parts directly to rebuilders of truck transmissions. Some are sold to distributors who in turn resell to rebuilders. You state that the parts are intended to be resold in the boxes as shipped and only in the event of substantial damage to the box is a part repackaged.

We examined two sample boxes. Both boxes were sealed with fairly substantial packing tape. One box contained a small gear enclosed in a sealed plastic bag. The other contained a large gear heavily coated in petroleum jelly and wrapped in brown paper. The words "MADE IN KOREA" were stamped several times on each box and each box also carried a small paper sticker with a part number and part name.

ISSUE:

Can certain transmission gears and other transmission and differential parts imported in sealed cardboard boxes that have been stamped with the country of origin of the part therein be excepted from individual country of origin marking?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that every article of foreign origin (or its container) imported into the United States 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 United States the English name of the country of origin of the article.

Section 134.32, Customs Regulations (19 CFR 134.32), provides a list of articles that may be excepted from the requirement of individual marking. Paragraph (d) excepts articles from individual marking if "the marking of the containers will reasonably indicate the origin of the articles."

HOLDING:

It is the opinion of this office that the transmission gears and other transmission and differential parts imported by your client are imported in containers that will reasonably indicate to ultimate purchasers in the U.S. the country of origin of the various parts. Accordingly, the parts are excepted from the requirement that they be individually marked. The stamp that is used to indicate country of origin on the box must be applied to the same panel as the paper sticker carrying the part name and number. We consider this analogous to certain situations requiring the country of origin of shoes to be displayed in close proximity to the size label. Ultimate purchasers are virtually certain to examine the boxes for an identifying part number or name and this makes it extremely likely they will also see the country of origin information.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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