Country of origin marking requirements for imported batteries

HQ 732680 February 5, 1990 MAR 2-05 CO:R:C:V 732680 pmh CATEGORY: Marking Ms. Barbara L. Heil Johnson Controls, Inc. 5757 N. Green Bay Avenue Post Office Box 591 Milwaukee, WI 53201-0591 RE: Country of origin marking requirements for imported batteries Dear Ms. Heil: This is in response to your letter of August 22, 1989, requesting a ruling on the country of origin marking requirements for imported lead acid batteries. This ruling applies to propspective transactions only. FACTS: Johnson Controls, Inc. (the importer) imports various lead- acid batteries that are manufactured in either Korea or Taiwan. Presently, the country of origin marking is stamped or stencilled on the bottom of the battery. You have submitted product data sheets on each of the batteries imported. These data sheets show that the words "Johnson Controls Milwaukee, WI 53201" appear on the front panel of each battery. You propose placing the country of origin marking directly beneath the words "Milwaukee WI 53201" on each battery. In a January 26, 1990 telephone call with a member of my staff, you confirmed that lettering used for the country of origin marking will be of the same size, style and boldness as the lettering used for the domestic address on each battery. You further confirmed that the words "Made in" would appear before the name of the country of origin. ISSUE: Whether the proposed country of origin marking satisfies the requirements of 19 U.S.C. 1304. -2- LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all the articles 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. As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., 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, 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. Customs has ruled that in order to satisfy the close proximity requirements, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the U.S. locality appears (HQ 708994, dated April 24, 1978). In this case, you have indicated that the proposed country of origin marking would appear directly beneath the domestic address, would be in lettering of exactly the same size as that used for the domestic address and would be preceded by the words "Made in." This would satisfy the requirements of 19 CFR 134.46. In addition, we note that although you did not submit an actual sample of the proposed marking, you did submit a picture of the each of the batteries bearing the domestic address. You have indicated that the country of origin marking would be at least as conspicuous as the domestic address. Since the domestic address is easily found and read without strain, we find the proposed marking to be in full compliance with 19 CFR 134.41. We note, however, that our determination of the proposed marking's acceptability is based on your confirmation that it would be of the same size and boldness as the domestic address and that it would appear directly beneath that address. -3- HOLDING: We find that the proposed marking which would appear on the imported articles just beneath the domestic address, in lettering of comparable size, style and boldness as the lettering used for the domestic address, and is preceded by the words "Made in," satisfies the requirements of 19 U.S.C. 1304 and 19 CFR 134.46. Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch