HQ 0734530 - Country of origin marking for imported automotive replacement glass, permanent, conspicuous, legible; 19 CFR 134.41 - United States International Trade Commision Rulings

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HQ 734530
June 29, 1992

MAR-2-05 CO:R:C:V 734530 RSD

CATEGORY: MARKING

Ms. Sylvia Pearson
Customs Administrator
Toyota Motor Sales, U.S.A., Inc.
19001 South Western Avenue
P.O. Box 2991
Torrance, California 90509-2991

RE: Country of origin marking for imported automotive replacement glass, permanent, conspicuous, legible; 19 CFR 134.41

Dear Ms. Pearson:

This is in response to your letter dated March 2, 1992, requesting a ruling on the country of origin marking requirements for automotive replacement glass. A sample of the replacement glass with the proposed country of origin marking was submitted for our consideration.

FACTS:

The submitted sample is a replacement glass panel for a side vent window of an automobile. The glass piece is marked with its country of origin by a clear laminated adhesive sticker. The sticker has been applied to the lower right portion on the outside of glass. The words "MADE IN JAPAN" are marked in white letters of about 9 point type. The sticker also states "THIS STICKER IS TO BE REMOVED BY CAR OWNER ONLY." Below the sticker etched into the glass are the words "TOYOTA" "Temperlite". In the same general area of the glass there is other product information, including U.S. Department of Transportation code numbers. The box which contained the glass is marked "MADE IN JAPAN" which is below the words "ASAHI GLASS". ISSUE:

Is the country of origin marking on the sample automotive replacement glass sufficiently permanent, conspicuous, and legible to satisfy the requirements of the country of origin marking law?

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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

The country of origin marking should appear in a location where the ultimate purchaser would expect to find it or in a location where the ultimate purchaser would be able notice it from a causal inspection of the merchandise. However, the country of origin marking does not have to appear in the most conspicuous location of the article. See HQ 734098, July 5, 1991.

In HQ 734092, April 1, 1991, Customs reaffirmed a previous ruling that imported replacement automotive glass was not substantially transformed when it was installed into a motor vehicle. Therefore, we ruled that the automobile owner was the ultimate purchaser of the glass and was entitled to know its country of origin. The ruling also explained that the marking only had to be sufficiently permanent to insure that in any reasonably foreseeable circumstance, it would remain on the glass until it reaches the ultimate purchaser unless it is deliberately removed. We specifically indicated that alternate methods of country of origin marking, such as placing adhesive stickers on the glass would comply with 19 U.S.C. 1304 and 19 CFR 134.41 as long as the importer satisfies the district director at the port of entry that the marking will remain on the glass throughout distribution until it reaches the ultimate purchaser.

In this case, the automotive replacement glass is marked to indicate its country of origin by an adhesive sticker affixed to the glass. The country of origin marking, "Made in Japan," is in large white letters of about 9 point type. This marking is large and clear enough so that it can be read without strain. The marking is in a location on the glass so that the ultimate purchaser can find it easily through a casual examination of the glass. Therefore, the marking is sufficiently conspicuous and legible to satisfy the requirements of 19 CFR 134.41(b) and 19 U.S.C. 1304. The sticker on the sample is also securely affixed on the glass. It appears that the sticker will remain on the glass unless it is deliberately removed. The sticker also contains the warning that "THIS STICKER IS TO BE REMOVED BY CAR OWNER ONLY". This warning should be sufficient to inform the glass installer that the sticker must remain on the glass after it is installed and that only the car owner can remove it. Consequently, we find that country of origin marking on the sample also satisfies the requirement for being permanent. However, if the district director at the port of entry determines that the stickers are not remaining on the glass until it reaches the ultimate purchaser, he/she still has the discretion to require a more permanent method of marking.

HOLDING:

The country of origin marking on the sample automotive glass by use of an adhesive sticker is sufficiently conspicuous, legible, and permanent to satisfy the requirements of 19 CFR 134.41 and 19 U.S.C. 1304.

Sincerely,

John Durant, Director
Commercial Rulings Division

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