HQ 0735215 - Country of origin marking of automotive parts; adhesive labels; 19 CFR 134.41(b) - United States International Trade Commision Rulings

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HQ 735215

November 10, 1993

Mar-2-05 CO:R:C:V 735215 AT

CATEGORY: MARKING

Ms. Jane A. Beseda
Toyota Motor Sales, U.S.A., Inc.
19001 South Western Avenue
P.O. Box 2991
Torrance, CA 90509-2991

RE: Country of origin marking of automotive parts; adhesive labels; 19 CFR 134.41(b)

Dear Ms. Beseda:

This is in response to your letter dated June 8, 1993, requesting a ruling on marking which would appear on labels affixed to retail packaging containing imported automotive service parts from Japan. Two sample labels marked with the proposed country of origin marking were submitted for our review. We regret the delay in responding.

FACTS:

You state that Toyota imports automotive service parts from Japan into the U.S. The parts are imported in retail packaging which is marked with the words "Made in Japan" by means of an adhesive label affixed to the packaging. Recently, you have been advised by the Los Angeles District that the size of the origin marking "Made in Japan" was too small and that the letter size had to be larger in order to meet the marking requirements of 19 U.S.C. 1304. Consequently, you have submitted two sample labels and requested a determination as to whether the proposed lettering size is acceptable. You also state that in all cases the "Made in Japan" lettering will be no smaller than the proposed marking on the samples and in some cases will even be larger.
Both samples are marked with the words "Made in Japan" on the bottom portion of the label in lettering approximately 4.5 point (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in.). Also, the words "Toyota Motor Corporation" appear directly above the origin marking on both samples.

ISSUE:

Whether the country of origin marking on the sample labels as described above satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134?

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.

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(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered to be of acceptable visibility or legibility if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

We find that the lettering of the words "Made in Japan" printed on both sample labels satisfies the legibility requirement of 19 U.S.C. 1304 in that it is in a letter size that is legible and easy to read. However, because no sample of the retail packaging marked with the proposed sample labels was submitted for our review, we cannot determine whether the proposed labels are conspicuously placed and permanently affixed to the packaging in accordance with the requirements of 19 U.S.C. 1304 and 19 CFR 134.41(b)). Therefore, this determination is limited to the finding that the sample labels are legibly marked with the words "Made in Japan" and are acceptable country of origin marking for the imported automotive parts provided they are conspicuously and permanently affixed on the retail packaging.
HOLDING:

The proposed country of origin markings on the submitted sample labels as described above, are acceptable country of origin markings for imported automotive parts provided the labels are conspicuously and permanently affixed to the retail packaging.

Sincerely,

John Durant, Director

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