HQ 0734118 - Country of Origin Marking - Brake Discs in Packages; 19 CFR 134.46. - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0733964 - HQ 0950210 > HQ 0734118

HQ 734118
August 9, 1991

MAR-2-05 CO:R:C:V 734118 NL

CATEGORY: MARKING

Mr. Mitch Sremac, Vice President
Miles International Corporation
O'Hare Plaza, Suite 275
8725 W. Higgins
Chicago, IL 60631

RE: Country of Origin Marking - Brake Discs in Packages; 19 CFR 134.46.

Dear Mr. Sremac:

This is in response to your letter of April 4, 1991, in which you request a ruling concerning the country of origin marking requirements applicable to certain brake discs.

FACTS:

Miles International plans to import brake discs from Yugoslavia in packages which will bear the words, "Manufactured per EEC Specifications". The brake discs themselves will be marked as products of Yugoslavia.

ISSUE:

Are any additional markings required under 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) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. In furtherance of the purpose of providing the ultimate purchaser with a conspicuous and clear indication of an article's country of origin, additional indications of origin may be required in certain circumstances. Section 134.46, Customs Regulations provides that in any case in which an article or its container bears a reference to the name of a country or location other than the country of origin of the article, the name of the actual country of origin must appear in close proximity to such reference, and in lettering of at least comparable size.

Here, it is our opinion that the reference on the package to the EEC is a reference included within the scope of 19 CFR 134.46. Accordingly, and notwithstanding the marking on the article itself, the name of the article's country of origin, Yugoslavia, must appear on the package in close proximity to the name "EEC" and in lettering of at least comparable size. In general, Customs has interpreted the requirement of "close proximity" to mean that the reference to the actual country of origin must appear on the same side of a box or package as the reference to the non-origin country or location.

HOLDING:

The packages in which the articles are imported must be marked in accordance with the requirements of 19 CFR 134.46, such that the name of the country of origin appears in close proximity and in lettering of at least comparable size.

Sincerely,

John Durant
Director, Commercial

Previous Ruling Next Ruling