The country of origin marking of brake pads

N363817August 12, 2026MAR-2:OT:RR:NC:N2:206
CATEGORY: MarkingMr. Thomas Xing Yu NgMintime Auto Parts Malaysia Sdn. Bhd.No.7, Jalan Kenanga 9, Seksyen BB11Bandar Bukit Beruntung 48300MalaysiaRE: The country of origin marking of brake padsDear Mr. Ng:This is in response to your letter, dated
July 29, 2026
, requesting a ruling on whether the proposed markingof retail packaging containers in lieu of the product is an acceptable country of origin marking for theimported brake pads. A sample of the brake pads was received by this office and pictures of the containerwere submitted with your letter for review.The product under consideration is a set of brake pads used in passenger vehicles, Part Number P-1391-MA.The product is similar to the brake pads described in NY Ruling N362232, issued to you on June 26, 2026. Inthat ruling, you proposed to mark the pads with “MT-P905-MA-YDL-MF501-FF” on the narrow side. Youstated that MA stood for Malaysia. On the front surface of the pads, in large print the words “DETROITAXLE” appeared. We stated that the proposed marking of the imported pads does not satisfy the markingrequirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking.In lieu of marking the brake pads, you now propose to mark the retail packaging container in which a pair ofthe brake pads at issue are packaged and sold to various customers in the United States. We note that thecontainer also bears the words “DETROIT AXLE” on seven surfaces of the retail packaging. The back of thecontainer is marked “Made in Malaysia” in smaller letters.The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unlessexcepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in aconspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) willpermit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the countryof origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country-of-origin marking isconsidered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read itwithout strain. Part 134.1(d) defines the "ultimate purchaser" generally as the last person in the U.S. who willreceive the article in the form in which it was imported.With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)),provides that as a general rule marking requirements are best met by marking worked into the article at thetime of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk,molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally providesthat any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimatepurchaser unless deliberately removed is acceptable.With respect to your inquiry concerning marking of the outermost surface of the retail packaging containers,this office notes that Section 134.32 sets forth a limited list of conditions that may render an article exceptedfrom the marking requirements set forth in 19 C.F.R. Part 134.11. Specifically, 19 C.F.R. Part 134.32(d),addresses the marking of articles imported in containers:(d) Articles for which the marking of the containers will reasonably indicate the origin of the articles. The general rules for marking articles excepted under Section 134.32 are set forth in 19 C.F.R. Part134.22(a), which provides as follows:Contents excepted from marking. When an article is excepted from the marking requirements bysubpart D of this part, the outermost container or holder in which the article ordinarily reaches theultimate purchaser shall be marked to indicate the country of origin of the article whether or not thearticle is marked to indicate its country of origin.Upon review of the facts presented, we have determined that the articles may be excepted from the markingrequirements if the outermost container in which the brake pads ordinarily reach the ultimate purchaser areproperly marked to indicate the country of origin. However, the container you presented still bears the words“DETROIT AXLE” on the front surface. Detroit is a city in the United States.Section 134.46 deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” anyvariation of such words or letters, or the name of any city or locality in the United States, or the name of anyforeign country or locality other than the country or locality in which the article was manufactured orproduced, appears on an imported article or its container, and those words, letters or names may mislead ordeceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legiblyand permanently, in close proximity to such words, letters, or name, and in at least a comparable size, thename of the country of origin preceded by “Made in, Product of,” or other words of similar meaning.In order to satisfy the close proximity requirement, the country-of-origin marking must generally appear onthe same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.Section 134.47 provides “When as part of a trademark or trade name or as part of a souvenir marking, thename of a location in the United States or "United States" or "America" appear, the article shall be legibly,conspicuously, and permanently marked to indicate the name of the country of origin of the article precededby "Made in," "Product of," or other similar words, in close proximity or in some other conspicuouslocation.” Detroit Axle is a registered trademark.The purpose of both provisions (134.46 and 134.47) is the same, namely, to prevent the ultimate purchaserfrom being misled or deceived when the name of a country or place other than the country of origin appears
on an imported article or its container. “Made in Malaysia” is not in close proximity to “DETROIT AXLE,”as it appears on the back of the box. In addition, the marking “Made in Malaysia” is written in a muchsmaller font and the color of the font almost blends in with the color of the box.Accordingly, the proposed marking of the imported brake pads, as described above, does not satisfy thecountry-of-origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and, therefore, is notacceptable.The holding set forth above applies only to the specific factual situation and merchandise description asidentified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of theinformation furnished in the ruling letter, whether directly, by reference, or by implication, is accurate andcomplete in every material respect. In the event that the facts are modified in any way, or if the goods do notconform to these facts at time of importation, you should bring this to the attention of U.S. Customs andBorder Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.Additionally, we note that the material facts described in the foregoing ruling may be subject to periodicverification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border ProtectionRegulations (19 C.F.R. 177).A copy of the ruling or the control number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, please contactNational Import Specialist Liana Alvarez at [email protected].
Sincerely,
(for)James P. ForkanDirectorNational Commodity Specialist Division