Country of origin marking of imported gauges; 19 CFR 134.46

HQ 561496 October 5, 1999 MAR-2 RR:CR:SM 561496 KSG CATEGORY: Marking Mr. Brad Taylor Product Manager Winter’s Thermogauges Limited 121 Railside Road, Toronto Ontario MSA 1B2 Canada RE: Country of origin marking of imported gauges; 19 CFR 134.46 Dear Mr. Taylor: This is in response to your letter of August 30, 1999, asking if your proposed marking of gauges satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304. You submitted a sample for our examination. FACTS: Winter’s Thermogauges Limited (“the company”) is an importer of pressure and temperature instrumentation. The company proposes to print the words “Canada/USA” on the faceplate of its products. For instance, you submitted a sample gauge that has the marking “Canada/USA” on the face of the dial. There is a sticker on the side of the gauge that bears the marking “Made in Canada” in the lower right hand corner. The gauge is packaged in a box that bears the words “Buffalo/ Toronto” on the front and back of the box. ISSUE: Whether the proposed marking of imported gauges satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304. 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 134.46, Customs Regulations (19 CFR 134.46), as revised by T.D. 97-72, dated August 20, 1997, 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 purchaser 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. Section 134.46 (revised) provides that its special marking require- ments are triggered only when Customs determines that the non-origin marking may mislead or deceive the ultimate purchaser as to the actual country of origin of the article. Customs has ruled that in order to satisfy the “close proximity” requirement, the country of origin marking must appear on the same sides(s) or surface(s) in which the name of the locality other than the country of origin appears. See HRL 708994, dated April 24, 1978. We find that the reference to “USA” in the “Canada/USA” logo on the dial of the sample gauge may mislead or deceive the ultimate purchaser with regard to the actual (Canadian) origin of the gauge. Therefore, the special marking requirements of 19 CFR 134.46 are triggered. Based on the close proximity requirement, if the proposed logo “Canada/USA” is printed on the face of the dial, the country of origin must also appear on the face of the dial, preceded by the words “Made in,” “Product of,” or a similar phrase. The country of origin marking on the sticker on the side of the gauge would not satisfy the requirements of 19 CFR 134.46. Also, the references to “Buffalo” on the front and back of the boxes may mislead or deceive an ultimate purchaser as to the actual country of origin of the gauge and therefore, also trigger the special marking requirements of 19 CFR 134.46. Therefore, if the reference to “Buffalo” is to remain on the front and back of the boxes, the country of origin of the gauges must also appear on the front and back of the boxes preceded by the words “Made in,” “Product of” or a similar phrase. HOLDING: The reference to “USA” on the face of the gauge triggers the special marking requirements of 19 CFR 134.46. The word “Buffalo” on the front and back of the outside box also triggers the special marking requirements of 10 CFR 134.46. Therefore, the actual country of origin of the imported gauges (Canada) must appear on both the face of the dial of the gauge and on the front and back of the box preceded by the words “Made in,” “Product of” or a similar phrase. 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