HQ 561827 - Country of origin marking requirements applicable to imported test gauges subsequently assembled and sold as replacement parts; 19 CFR 134.46 - United States International Trade Commision Rulings

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HQ 561827

February 6, 2001

MAR-05 RR:CR:SM 561827 KKV

CATEGORY: MARKING

Mr. Klaus H. Mueller
President
OCI Instruments, Inc.
3001 Nicholson Avenue
Kansas City, MO 64120-1723

RE: Country of origin marking requirements applicable to imported test gauges subsequently assembled and sold as replacement parts; 19 CFR 134.46

Dear Mr. Mueller:

This is in response to your letter dated July 21, 2000 (and subsequent facsimile dated January 18, 2001), which requests a binding ruling regarding the acceptability of proposed country of origin marking for test gauges imported into the U.S. and subsequently either incorporated into soil testing and measuring equipment or sold as replacement parts.

FACTS:

You indicate that your firm imports precision test gauges into the United States from Italy on behalf of Soilmoisture Equipment Corporation, a manufacturer of scientific soil moisture testing and measuring equipment. You indicate that Soilmoisture’s product range includes a number of gas pressure control manifolds and a plant water status console, each of which incorporates one or more precision test gauges. The manifolds containing the gauges are specifically designed for use with soil moisture testing or plant water extraction equipment and are sold along with such equipment or as parts of complete, pre-assembled laboratory set-ups. We are informed that while the vast majority of gauges are assembled into a manifold or laboratory set-up, the gauges are also sold separately as replacement parts when needed.

You state that you have developed and wish to import a new gauge that differs in size and metal composition from the gauges previously used. The new gauge, which is six inches in diameter, will be contained in a case of stainless steel. In the sample drawings submitted, the face of the gauge is marked with the corporate logo, as well as the company name and address, “Soilmoisture Equipment Corp. Santa Barbara, CA U.S.A.” Printed below the company name and address, in a somewhat smaller font, is the phrase “Gauge Made in Italy.”

ISSUE:

Whether the proposed country of origin satisifes the reqquirements 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 (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its 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 th 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.” U.S. v. Friedlaender & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (1940).

Part 134, Customs Regulations (19 CFR part 134), implements the country of origin marking requirements of 19 U.S.C. 1304. Section 134.46, Customs Regulations (19 CFR 134.46), as revised by Treasury Decision (T.D.) 97-72, dated August 20, 1997, states:

In any case in which the words “United States” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.

The language of the revised section 134.46 provides that its special marking requirements are triggered only when Customs determines that the non-origin marking may mislead or deceive the ultimate purchaser as to the actual country of origin of the article. Customs has ruled that in order to satisfy the “close proximity” requirement, the country of origin marking must appear on the same sides(s) or surface(s) on which the name of the locality other than the country of origin appears. See Headquarters Ruling Letter (HRL) 708994, dated April 24, 1978.

In this instance, because the U.S. address is unaccompanied by any other words of clarification (e.g., as a point of contact for warranty or customer service concerns), we find that the words, “Santa Barbara, CA USA” on the face of the dial may mislead or deceive the ultimate purchaser with regard to the actual origin of the imported gauge. Therefore, the special marking requirements of 19 CFR 134.46 are applicable. On the sample drawing submitted for our consideration, the country of origin marking “Gauge Made in Italy” is printed along the bottom edge of the face of the gauge, located approximately ½” below the U.S. address. However, we note that the typeface used to print the country of origin information is somewhat smaller than the font used to print the U.S. address. Therefore, while the proposed marking satisfies the requirements of 19 CFR 134.46 with regard to legibility, permanency and proximity, it does not satisfy the requirement for conspicuousness. However, where the phrase “Gauge Made in Italy” is printed in letters of at least comparable size to the U.S. address, the marking will satisfy the special marking requirements of 19 CFR 134.46.

HOLDING:

The address of a U.S. company on the face of imported test gauges triggers the special marking requirements of 19 CFR 134.46. However, where the phrase “Gauge Made in Italy” is printed in letters of at least comparable size to the non-origin geographical reference, the marking, which is printed approximately ½” below the U.S. address will otherwise satisfy the requirements of 19 CFR 134.46.

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant

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