The country of origin marking of an electric motor

N331430 March 31, 2023 MAR-2 OT:RR:NC:N2:220 CATEGORY: MARKING Philip Donato Tarping USA, Inc. 215 Smith Rd. Slocomb, AL  36375 RE:  The country of origin marking of an electric motor Dear Mr. Donato: In your letter dated March 9, 2023, you requested a country of origin marking ruling for an electric motor.  Photos of the packaging and product label were submitted for our review. The product being imported is described as a retail packaged 12 VDC electric motor that is used to control the roll/unroll function of a fabric tarp covering trailers.  The retail packaging is marked with “Made in China”, and you question if the application of a decal directly onto the motor housing that displays a stylized “Imported by Tarping USA”, along with contact info and company information, requires an additional origin designation on the decal once applied to the motor. 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 United States the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country or origin marking requirements and exceptions of 19 U.S.C. 1304.Section 134.1(b) of the Customs Regulations (19 CFR 134.1(b)) provides that the "[c]ountry of origin" means the country of manufacture, production or growth of any article of foreign origin entering the United States.  In this case, you state that the country of origin of the electric motors is China and are merely seeking a determination on the proposed decal being placed directly onto the motor. In order to meet the marking requirements, the electric motor must be conspicuously, legibly and permanently marked with the country of origin in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.  Marking the outer most container with “Made in China” in which the motors are imported and sold to the ultimate purchaser is an acceptable country of origin marking. However, if a U.S. reference appears on the imported items or the packages when they are imported into the U.S., it is necessary to consider the necessity for additional marking.  Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, appears 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.  In such a case, 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 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. While the outermost box is appropriately marked with “Made in China”, the proposed label you have provided incorporates a stylized Tarping USA logo, where the “USA” is large and backfilled with a United States flag. Thus, even considering the addition of “Imported by” on the label, we are of the opinion that the suggested decal will mislead the ultimate purchaser as to the actual country of origin, which is China.  As a result of the foregoing, applying the proposed decal label to the motors, as presented in your request, will be inconsistent with the marking regulations noted above and is thus unacceptable. Upon resubmission of a future ruling request, please ensure the decal label is presented with the appropriate country of origin markings, as provided in 19 CFR 134.46, which appear legibly, permanently, in comparable size, and in close proximity to the “TarpingUSA” name. 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 Karl Moosbrugger at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division