Country of origin marking of an adjustable motor support; 19 CFR 134.46

HQ 560825 April 23, 1998 MAR-2-05 RR:CR:SM 560825 CW CATEGORY: Marking Stephen S. Spraitzar, Esq. George R. Tuttle Law Offices Three Embarcadero Center, Suite 1160 San Francisco, California 94111 RE: Country of origin marking of an adjustable motor support; 19 CFR 134.46 Dear Mr. Spraitzar: This is in response to your letter of January 11, 1998, on behalf of Springfield Marine Co., requesting a ruling on the acceptability of a proposed country of origin marking of an adjustable motor support. The motor support is used to support and stabilize an outboard engine while the engine and the boat to which it is attached are being transported on a trailer. A sample was submitted for our examination. FACTS: The sample of the motor support submitted is shrink-wrapped onto a large cardboard insert of light blue color. At the top of the cardboard insert are the words (in ½ inch lettering): SPRINGFIELD ADJUSTABLE MOTOR SUPPORT At the bottom right-hand corner of the front of the cardboard insert is a white sticker on which the words “MADE IN CHINA” appear in approximately 1/8 inch-high black lettering. You state that the origin marking will appear either on the sticker, as shown on the sample, or printed directly onto the cardboard in the same location and in the same size lettering. ISSUE: Whether the proposed country of origin marking 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 CFR 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. Section 134.32(d), Customs Regulations (19 CFR 134.32(d)), provides that the article itself need not be marked if the marking on the container will reasonably indicate the origin of the article to the ultimate purchaser. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking must survive normal distribution and store handling, and the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. In addition, section 134.46, Customs Regulations (19 CFR 134.46), sets forth special marking requirements for instances in which the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words may mislead or deceive the ultimate purchaser as to the actual country of origin of the article. In such instances, the regulation stipulates that 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. See T.D. 97-72 (published in the Federal Register, August 20, 1997 (62 F.R. 44211)). The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported article. The first issue to be addressed is whether the reference to “SPRINGFIELD” on the cardboard insert triggers the special marking requirements of 19 CFR 134.46. Although this is the name of a U.S. city (in several states), we believe it is very unlikely that any consumer would be misled into believing that the company name, Springfield, is a reference to the origin of this product. Therefore, we find that the special marking requirements of 19 CFR 134.46 are not triggered in this case. With respect to the proposed marking, “MADE IN CHINA,” appearing on the white sticker located at the bottom right-hand corner of the front of the sample cardboard insert, we find that the marking is conspicuous, legible and sufficiently permanent that it will survive normal distribution and store handling. The alternative proposed marking, which would involve printing the same words directly onto the cardboard insert in the same location and in the same size lettering, would also satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. HOLDING: The proposed country of origin markings for the adjustable motor support, as described above, satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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, Director Commercial Rulings Division