Country of origin marking of agricultural implement parts imported from Canada; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking

HQ 734799 April 30, 1993 Mar-2-05 CO:R:C:V 734799 AT CATEGORY: Marking Area Director of Customs 6 World Trade Center New York, New York 10048-0945 RE: Country of origin marking of agricultural implement parts imported from Canada; adhesive labels; 19 CFR 134.41(b); 19 CFR 134.44(b); permanent marking Dear Sir: This is in response to your memorandum dated August 21, 1992, forwarding a request for a ruling dated August 4, 1992, on the country of origin marking of agricultural implement parts. The articles are cultivator sweeps and related knock-on clips, imported from Canada by Ralph McKay, Ltd. A marked sample was submitted with your memorandum for our review. We regret the delay in responding. FACTS: Ralph McKay, Ltd. intends to import agricultural implement parts, specifically cultivator sweeps and related knock-on clips, from Canada. Ralph McKay proposes to mark each imported article with the country of origin by means of a adhesive sticker. You have requested that a determination be made by this office as to whether the proposed method of marking is acceptable because there is a lack of clear precedent governing the method of marking for the subject merchandise. The samples (cultivator sweep and knock-on clips) are both marked with a red and white adhesive label measuring 1 3/8" x 6/8". On the label the words "Made in Canada" and "Fabrique au Canada" are printed in black lettering measuring approximately 4.5 point (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). A red maple leaf symbol is also depicted on the label directly next to the country of origin marking. No other marking appears on the samples. ISSUE: Whether the country of origin marking described above satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134? LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), 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 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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302, C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. 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 the time 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 provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. If paper stickers or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. (19 CFR 134.44(b)). See also 19 CFR 134.41(b). Customs has consistently ruled that pressure sensitive labels are an acceptable method of marking provided that the label will remain on the article unless deliberately removed. See HQ 731089 (February 13, 1989), marking imported women's footwear (moccasin, beach sandal) by means of a vinyl label attached with adhesive was an acceptable country of origin marking; HQ 732299 (April 20, 1989), paper labels affixed to a conspicuous place on an imported necklace and sufficiently permanent was an acceptable country of origin marking of the article; HQ 732836 (December 28, 1989), paper label affixed to a leather dart wallet imported into the U.S. was an acceptable method of marking the wallet's country of origin; HQ 733880 (February 8, 1991), country of origin marking of undercarriage spare parts by means of pressure sensitive labels permanently attached was an acceptable method of marking the article's country of origin provided such labels are conspicuously placed and remain on the articles until they reach the ultimate purchaser. In this case, examination of the label reveals that these adhesive labels are affixed in a conspicuous place on the cultivator sweep and knock-on clip and that they are sufficiently permanent to meet the requirements of 19 CFR 134.44. The marking "Made in Canada" on the label is easy to find and is securely affixed and would in our opinion, come off only if it were deliberately removed. Although your office exposed the sample of the knock-on clip to running water and was easily able to wipe the label from the sample, this, in our opinion would constitute a deliberate removal of the marking and does not affect a finding that the label is sufficiently permanent to meet the requirements of 19 CFR 134.44. Accordingly, the requirements of 19 U.S.C. 1304 and 19 CFR 134.44 are satisfied and this method of marking the country of origin on the agricultural implements is acceptable. HOLDING: The country of origin marking on the sample cultivator sweep and knock-on clip, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.44. Sincerely, John Durant, Director