HQ 0735223 - Country of origin marking of brass valves imported from China marked with trademark "Fairbanks"; identification tags marked with country of origin; U.S. locality; permanent marking; conspicuous place; 19 CFR 134.41(b); 19 CFR 134.47 - 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 > 1994 HQ Rulings > HQ 0735144 - HQ 0735271 > HQ 0735223

HQ 735223

September 3, 1993

Mar-2-05 CO:R:C:V 735223 AT

CATEGORY: MARKING

District Director of Customs
1717 East Loop
Houston, Texas 77029

RE: Country of origin marking of brass valves imported from China marked with trademark "Fairbanks"; identification tags marked with country of origin; U.S. locality; permanent marking; conspicuous place; 19 CFR 134.41(b); 19 CFR 134.47

Dear Madam:

This is in response to your memorandum dated May 20, 1993, forwarding a request by Zidell Valve Corporation ("Zidell") dated April 21, 1993, for a ruling on the country of origin marking of industrial brass valves imported by Zidell from China. A marked sample valve and photocopies of the container were submitted with your memorandum for our review.

FACTS:

Zidell imports industrial brass valves from China to be sold to companies which utilize the valves in piping systems. The valves are marked with Zidell's registered trademark "Fairbanks" on two sides (front and back) near the bottom of the article in raised lettering measuring approximately 14 points (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). Other information, such as the diameter of the valve and pressure resistance appears directly below the trademark. Near the top of the valve, a metal identification tag is securely affixed under the handwheel by a metal retaining nut. The words "Made in China" are printed on the identification label in blue lettering measuring approximately 4.5 point. The trademark "Fairbanks" and valve type are also printed on the label. Review of the photocopies reveals that the containers in which the valves are imported from China are marked with the words "Made in China" in very large print. The trademark "Fairbanks" also appears on the containers. You have requested a determination by this office as to whether the marking of the imported valves is acceptable.

ISSUE:

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

In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on an article which may mislead the ultimate purchaser as to the country of origin. Consequently, if the words "United States," or "America," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality other than the country of origin appear on the imported article, special marking requirements are triggered.

The marking issue raised in this case involves the application of 19 CFR 134.47. This special marking requirement is triggered by the presence of the word "Fairbanks" printed on two sides of the valve and on the containers in which the article is imported.

As provided at 19 CFR 134.47, when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name "or in some other conspicuous location". Whether the country of origin appears "in close proximity" or in some other conspicuous place, the name of the country of origin must be preceded by "Made in," "Product of," or words of similar meaning. Here, the placement of the name of the country of origin on the valves and the containers must satisfy the general standards of conspicuousness and must be preceded by the words "Made in", "Product of", or words of similar meaning. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the 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.

We have been advised by the National Import Specialist, New York Seaport, that metal identification tags affixed under the handwheel are widely used in the valve industry to provide the user with the required information about the valve and that this is the preferred place to mark valves since an ultimate purchaser will look first at the metal tag when casually inspecting the article. Moreover, this method is considered to be permanent in relation to the nature of the article. The country of origin marking on the valve can be easily seen since it is printed in contrasting blue lettering of legibly sized print. The marking "Made in China" printed on the containers as illustrated by the submitted photocopies satisfies the conspicuousness requirement of 19 CFR 134.41, since it appears to be located on a place on the container which can be easily noticed by an ultimate purchaser and is printed in very large lettering. The marking on both the valve and the container is clear and can be easily read without strain. It is our opinion that the country of origin marking on the sample valve and the containers satisfies the requirements of 19 CFR 134.41 and 19 U.S.C. 1304. The marking appears in places which are "conspicuous" within the meaning of 19 CFR 134.41 and there is no likelihood that the ultimate purchaser would be misled by the trademark "Fairbanks". Thus, the marking is in conformity with the requirements of 19 CFR 134.47.

HOLDING:

The country of origin marking on the sample valve and photocopies of the containers, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling