HQ 0735243 - Country of origin marking of automotive and power equipment parts; adhesive labels; 19 CFR 134.41(b) - United States International Trade Commision Rulings

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HQ 735243

December 2, 1993

Mar-2-05 CO:R:C:V 735243 AT

CATEGORY: MARKING

Ms. Ikue Stoehr
Customs Administrator
American Honda Motor Co., Inc.

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

Dear Ms. Stoehr:

This is in response to your letter dated June 28, 1993, requesting a ruling on the size, color and placement of certain proposed country of origin markings which would appear on labels for automotive and power equipment parts from Japan. Three sample labels marked with the proposed country of origin marking were submitted for our review. We regret the delay in responding.

FACTS:

You have submitted three sample labels requesting a determination as to whether the proposed country of origin marking on the sample labels is acceptable. All three samples are marked with the words "Made in Japan" (either in black, blue or white lettering) on the top right corner directly below the words "Genuine Parts". in lettering approximately 4.5 point (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in.). The origin marking "Made in Japan" on the sample labels is printed in either a grey or red background so that any of the three print colors will be in contrast to the background (e.g., blue or black lettering on a grey background or white lettering on a red background). Also, the Honda logo appears on all three sample labels directly above the origin marking.

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 all three 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. Also, the words "Made in Japan" are easy to find and read since they appear in a contrasting color to the background on which they are printed. 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 and power equipment 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 and power equipment parts provided the labels are conspicuously and permanently affixed to the retail packaging.

Sincerely,

John Durant, Director

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