HQ 0734271 - Method of denoting country of origin marking on machine tools. Degree of permanence; 134.41(a) and (b); C.S.D. 87-9; 733880; 730808; C.S.D. 79-474 - United States International Trade Commision Rulings

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HQ 734271

December 24, 1991

MAR-2-05 CO:R:C:V 734271 GRV

CATEGORY: MARKING

Peter A. Martin, Esq.
Barnes, Richardson & Colburn
1819 H Street, N.W.
Washington, D.C. 20006

RE: Method of denoting country of origin marking on machine tools. Degree of permanence; 134.41(a) and (b); C.S.D. 87-9; 733880; 730808; C.S.D. 79-474

Dear Mr. Martin:

This is in response to your letters of July 18 and September 9, 1991, on behalf of Mitsui & Co. (U.S.A.), Inc., requesting a ruling concerning the country of origin marking of certain machine tools from Japan. A sample of a metal plate denoting the present marking scheme for this merchandise was submitted for examination.

FACTS:

Large machine tools, i.e., milling lathes, are imported from Japan. The country of origin is denoted on a metal plate, measuring approximately 3 3/4" in height by 4 1/8" in length, which is attached with screws to the machine in a conspicuous location. The country of origin on the sample plate submitted is located at the bottom center of the bordered plate and is printed in capital letters in black ink in approximately 5-point type (>1/16" letters). The plate contains boxes to designate certain varible information, e.g., serial no. and rated capacity, which is stamped on the plate.

ISSUE:

Is the present method of marking the machine tools--by screwing a metal plate onto the machine--a sufficiently permanent means of marking the imported articles to meet the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b). LAW AND ANALYSIS:

The marking statute, 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate pur- chaser 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.

Country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. 19 CFR 134. 41(b). This section also provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. While as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture, 19 CFR 134.41(a), 134.44(a) provides that except for articles classifiable under an item specified in 134.43 of this part or the subject of a ruling by the Commissioner of Customs, any method of marking at any location insuring that country of origin will conspicuously appear on the article shall be acceptable. Further, regarding this permanency requirement, we have stated that the marking must be able to survive normal distribution and store handling. C.S.D. 87-9.

The primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ulti- mate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influ- ence his will." United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940). The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d). Example (3) of this section provides that if an article is to be sold at retail in its imported form, the purchaser at retail is the "ultimate purchaser."

In Headquarters Ruling Letter (HRL) 733880 dated February 8, 1991, we considered whether undercarriage replacement parts, marked by means of "anti-sabotage" paper adhesive stickers, where sufficiently permanent to satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41, and held that this type sticker was sufficiently permanent, as they would remain on the merchandise until it reached the ultimate purchaser. Accord, HRL 730808 dated August 16, 1988 (excercise bicycles marked be means of adhesive labels or plastic labels did not meet the requirements that the marking be as permanent as the nature of the article will permit, however, use of a highly adhesive metal film label was found to offer a more permanent method of marking); cf., C.S.D. 79-474.

Applying these considerations to the machine tools here, and based on an examination of the sample submitted, we find that the present method of marking the merchandise offers a sufficiently permanent means of marking the merchandise. See also, 19 CFR 134.43, which specifically calls for this method of marking certain articles of metal.

HOLDING:

The present marking scheme--attaching metal plates to the machine tools with screws--is a sufficiently permanent means of marking the imported articles to meet the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b).

Sincerely,

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