HQ 0734743 - Corrective Country of Origin Marking Requirements for a Component of a Universal Joint Repair Kit; Permanence; Conspicuousness; 19 CFR 134.26; 19 CFR 134.36(b); 733617; 734466. - United States International Trade Commision Rulings

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HQ 734743

January 4, 1993
MAR-2-05 CO:R:C:V 734743 ER

CATEGORY: MARKING

Mr. Ford P. Weber
Corporate Legal Director
The Zeller Corporation
P.O. Box 278
Defiance, Ohio 43512-0278

RE: Corrective Country of Origin Marking Requirements for a Component of a Universal Joint Repair Kit; Permanence; Conspicuousness; 19 CFR 134.26; 19 CFR 134.36(b); 733617; 734466.

Dear Mr. Weber:

This is in response to your letter dated July 20, 1992, requesting a ruling on the country of origin marking requirements for a "cross" component in a universal joint repair kit. Accompanying your submission were photographs of the cross.

FACTS:

The Zeller Corporation (Zeller) is a manufacturer of driveline components for the global repair (aftermarket) of transport and construction vehicles. Zeller frequently designs and engineers the universal joint repair kits and their components in the U.S. but has them manufactured in various other countries.

A universal joint is a device in a motor vehicle which allows the power generated by the engine to be transferred to the axle containing the drive wheels. It is connected to the drive shaft in a motor vehicle at one end of the engine's transmission, and at the opposite end to the axle which propels the vehicle. The universal joint basically consists of a cross and bearings.

To date, two rulings have been issued concerning this matter. In HQ 733617 (July 30, 1991), we found that marking the crosses "U.S.A." was unacceptable but that marking the crosses with the phrase "Cross Made in U.S.A" was acceptable provided the country of origin of the universal joint also appeared on the product in compliance with the requirements of 19 CFR 134.46. HQ 734466 (October 2, 1992) addressed the country of origin marking requirements that arise in relation to the U.S. patent number which is inscribed on the same joint kit.

The marking "U.S.A." is a part of the die for the cross and is forged into the cross. In HQ 733617, we determined that the country of origin of the kit in two of the described manufacturing processes is China and in the third described manufacturing process is Singapore. Accordingly, we found that the cross would have to be correctively marked to display the legend "Cross made in U.S.A.", and not "U.S.A.", so as not to cause confusion to the ultimate purchaser regarding the foreign origin of the universal joint repair kit. You have asked whether you may correctively mark the cross with an adhesive label bearing the words "Cross made in U.S.A" and you have requested guidance about the lettering size requirements.

ISSUE:

In what manner may the cross component in a universal joint repair kit which is forged with the letters "U.S.A." be correctively marked for country of origin marking purposes?

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 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Correctively marking the cross by means of an adhesive label is an acceptable method of marking the cross on a temporary basis. The adhesive label must display the words "Cross made in U.S.A." and must be legible, conspicuous and sufficiently permanent so as to remain on the cross until the kit is purchased by the ultimate purchaser. The size of the lettering on the corrective label should be in letters of at least the same size (5/16 of an inch) as, or larger than, the letters "U.S.A." which are forged into the cross.

The adhesive label will be acceptable until your current inventory is exhausted or for three months from the date of this ruling, whichever is sooner. At the expiration of this period, the crosses must either not display the letters "U.S.A." or have the marking "Cross made in U.S.A." forged into the cross itself.

Section 134.36(b), Customs Regulations (19 CFR 134.36(b)) provides that no exception from marking will be extended to any article or retail container bearing any words, letters, names, or symbols described in sections 134.46 and 134.47, Customs Regulations (19 CFR 134.46 and 134.47)), which imply that an article was made or produced in a country other than the actual country of origin. In this instance, the corrective marking by means of an adhesive sticker displaying the words "Cross made in U.S.A." (and the later permanent marking) would foreclose any implication to the ultimate purchaser in the U.S. that the kit originates from any country other than the country of origin indicated on the container. Therefore, the prohibition under 19 CFR 134.36(b) does not apply, and the kit may be marked with its country of origin on the container in which it reaches the ultimate purchaser.

In the event these imported articles are repacked in the U.S., the ordinary certification and notice to subsequent purchaser requirements, set forth in section 134.26, Customs Regulations (19 CFR 134.26), must be satisfied.

HOLDING:

The cross component in a universal joint repair kit of foreign origin, which is forged with the letters "U.S.A.", may be correctively marked with an adhesive label displaying the words "Cross made in U.S.A." for a period of three months from the date of this ruling, or until current inventory is exhausted, whichever is sooner. The label must be conspicuous, legible and sufficiently permanent so as to remain on the cross until the kit is purchased by the ultimate purchaser. The size of the letters on the label must be at least 5/16 of an inch.

Sincerely,

John Durant, Director
Commercial Rulings Division

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