Country of origin marking of cleaning equipment; 19 CFR 134.45; U.K. abbreviation;

HQ 561327 June 8, 1999 MAR-2 RR:CR:SM 561327 KSG CATEGORY: Marking Sheri G. Lawson International Trade Solutions PBB Global Logistics 434 Delaware Avenue Buffalo, NY 14202 RE: Country of origin marking of cleaning equipment; 19 CFR 134.45; U.K. abbreviation; Dear Ms. Lawson: This is in response to your letter dated March 24, 1999, on behalf of North American Cleaning Equipment, requesting a country of origin marking ruling regarding imported cleaning equipment. You enclosed product literature describing the various models of equipment imported. FACTS: This case involves imported commercial vacuum cleaners made in various countries. Specifically, you asked whether vacuum cleaners made in England that have a “U.K.” stamp on the boxes in which they are sold and a plate on the vacuum cleaners which says “Numatic. Chard. Somerset, England” satisfy the country of origin marking requirements. You also asked about the acceptability of the marking on the model RSV 100 Hip Hugger backpack vacuum that is made in Australia. The logo “North American” appears on the body of the vacuum cleaner in very large bold lettering with a geographical outline of North America behind it. You state that the Hip Hugger also has a metal pressure sensitive plate on it that says “ North American, Mississauga, Ontario” and beside that, a paper label that says “Made in Australia” in larger size lettering. You state that future shipments of these vacuum cleaners will not have the plate with the Ontario address on them. Lastly, the vacuum cleaners have various parts and accessories that are packed either in plastic bags on which are pressure sensitive labels which have the country of origin of the parts and accessories printed on them or in boxes which have the country of origin of the parts and accessories stamped on them. ISSUES: Whether using the abbreviation “U.K.” for cleaning equipment made in England satisfies the country of origin marking requirements. Whether the Hip Hugger backpack vacuums are properly marked with their country of origin. Whether the parts and accessories are properly marked with their country of origin. LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, 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 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 of 19 U.S.C. 1304. Section 134.45(b), Customs Regulations (19 CFR 134.45(b)), provides that abbreviations of country names “which unmistakably indicate the name of a country ... are acceptable. Variant spellings which clearly indicate the English name of the country of origin such as “Brasil” for “Brazil” and “Italie” for “Italy,” are acceptable.” The Court of Customs Appeals held in American Burtonizing Co. v. United States, 13 Ct. Cust. Appls 652 (1926), that the purpose of the country of origin marking law: was to require a marking such as would be understood by purchasers of foreign-made goods as giving definite and reliable information as to the country of origin. It is not reasonable to suppose that Congress, by use of the word ‘indicate’ meant only that words used should hint at the country of origin. The object sought to be obtained by the legislature could best be obtained by an indication which was clear, plain, and unambiguous and which did more than merely hint at the country of origin. We do not think that Congress intended that American purchasers, consumers, or users of foreign-made goods should be required to speculate, investigate or interpret in order that they might ascertain the country of origin. The court then ruled that the French word “Aisne” was not an acceptable country of origin marking. Customs has held that the abbreviation “U.K.” for United Kingdom is acceptable. See Headquarters Ruling Letter (“HRL”) 735379, dated June 15, 1994, and T.D. 74-103(1), dated April 17, 1974. Therefore, using the abbreviation “U.K.” to mark vacuum cleaners made in England is acceptable. You state that the U.K. marking for the vacuum cleaners is stamped on the boxes. Foreign articles are excepted from individual marking pursuant to 19 CFR 134.32(d) if the marking on the container will reasonably indicate the origin of the articles. In this case, it appears that marking the boxes would reasonably indicate the origin of the vacuum cleaners. The second issue involves the RSV 100 Hip Hugger vacuum cleaners that are made in Australia and bear the logo “North American” in large bold lettering with an outline of North America in the background. Section 134.46, Customs Regulations (19 CFR 134.46) provides: 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 location 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, and those words, letters or names may mislead or deceive the ultimate purchase as to the actual country of origin of the article, 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.  Therefore, we must determine whether the “North American” reference may mislead or deceive the ultimate purchaser as to the actual country of origin of the imported article. The reference is very prominent on the product due to its large size and the bold colors used. Further, we note that the phrase “North American” appears with an outline of North America in the background. We find that the reference “North American” as it appears on the vacuum cleaners could mislead or deceive the ultimate purchaser as to the actual country of origin of the imported article. Therefore, the special marking requirements of 19 CFR 134.46 are triggered. The words “Made in Australia,” “Product of Australia” or a similar phrase must appear in close proximity and in at least a comparable size to the “North American” reference. You also stated that the there is a metal pressure sensitive plate on the Hip Huggers that bears an Ontario address and beside it, a paper label with the “Made in Australia” marking. We do not have a picture of this marking but based on your description, it would appear to satisfy the marking requirements of 19 CFR 134.46. Lastly, you raised the issue of the marking of the parts and accessories. As stated above, pursuant to 19 CFR 134.32(d), the foreign parts and accessories may be excepted from individual marking if the marking on the container will reasonably indicate the origin of the articles. In this case, it appears that marking the plastic bags or boxes would reasonably indicate the origin of the parts and accessories. HOLDING: Pursuant to 19 CFR 134.45, using the abbreviation “U.K.” for marking the country of origin of foreign goods made in England is acceptable. In accordance with 19 CFR 134.32(d), it is acceptable to mark the boxes in which they are sold. The prominent reference “North American” appearing on the RSV 100 Hip Hugger backpack vacuums triggers the special marking requirements of 19 CFR 134.46. Therefore, “Made in Australia,” “Product of Australia” or a similar phrase must appear in close proximity, and at least a comparable size. The foreign parts and accessories are excepted from individual marking pursuant to 19 CFR 134.32(d) as long as the plastic bags and boxes are properly marked with the country of origin of the parts and accessories. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is 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