Country of origin marking of imported motors

NY A82235 April 11, 1996 MAR-2-85:RR:NC:GI:113 A82235 CATEGORY: MARKING Mr. Thomas W. Haering Leeson Electric Corporation P.O. Box 241 Grafton, WI 3024-0241 RE: Country of origin marking of imported motors Dear Mr. Haering: This is in response to your letter dated April 2, 1996, requesting a ruling on whether the marking requirements are satisfied if imported motors which are marked with a U.S. reference at the time of importation are properly marked with the country of origin. A picture of the items was submitted with your letter for review. The motors are to be marked with nameplates permanently bolted to the upper body of their housing. The nameplates will be etched with other information, such as model number, voltage, amperage and other electrical information. The lettering will be blue on a stainless steel background. The marking you propose would be "China." This marking will be in close proximity to, and in approximately the same size lettering as, the company's US address.  The marking statute, section 304, 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. The nameplates, as illustrated in your literature, are in a conspicuous place. However, because a U.S. reference appears on the imported motors when they are imported into the U.S., it is necessary to consider the necessity for additional marking. 19 CFR 134.36(b) provides that an exception from marking shall not apply to any article or retail container bearing any word letters, names, or symbols described in section 19 CFR 134.46 or 19 CFR 134.47 (e.g. geographic references which imply that article was made or produced in a country other than actual country of origin). The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good. 19 CFR 134.46 provides that 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 locality 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, 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. (134.46 Marking when name of country or locality other than country of origin appears.) Therefore, a marking "Product of China," appearing next to the US address in the same type-size would be acceptable. However, your proposed marking, simply "China", is not acceptable in this case.  This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 212-466-2084. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division