COUNTRY OF ORIGIN MARKING OF IMPORTED MANHOLE FRAMES AND COVERS FROM INDIA OR MEXICO

N125857 October 29, 2010 MAR-2 OT:RR:NC:N1:113 CATEGORY: MARKING Mr. Raffi Massabki City of Los Angeles 1149 South Broadway Suite 635 Los Angeles, CA 90015-2213 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MANHOLE FRAMES AND COVERS FROM INDIA OR MEXICO Dear Mr. Massabki: This is in response to your letter dated September 30, 2010, requesting a ruling on whether the proposed marking “Made in India” or “Made in Mexico” is an acceptable country of origin marking for the imported manhole frames and covers if the city’s name (“City of Los Angeles”) appears adjacent to the words “Made in India” or “Made in Mexico”. Drawings of the proposed markings were submitted for our review. The “Maintenance Hole Frame & Cover 30 inch” standard plan S-283-3 for the City of Los Angeles that shows all the proposed markings for illustrative purposes was provided. You stated that “other City of Los Angeles maintenance hole frames and covers, namely the 24 inch, 27 inch and 36 inch diameter frames and covers, will all have similar markings as the submitted drawings.” The subject imported articles are described as cast iron maintenance holes (manholes) frames and covers designed to be used exclusively for sewer and storm drain structures located in the City of Los Angeles. You stated that the country of origin of the frames and covers will be India or Mexico. 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 U.S. the English name of the country of origin of the article. 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. You stated in your letter that the “Bottom surface of cover – Soffit (underside): In compliance with Code of Federal Regulation Title 19 Customs Duties, Chapter I, § 134.46, the English name of the country of origin preceded by the words ‘Made in’ is shown adjacent to and using the same size lettering (1/2”) as our City’s name identification ‘City of Los Angeles’.” You indicated that the “Top surface of cover - (traffic side): In compliance with United States Code Section 304 of the Tariff Act of 1930, as amended Title 19, Chapter 4, Subtitle II, Part I, § 1304 (e), the English name of the country of origin preceded by the words ‘Made in’ is marked as shown (1/2” tall letters). Note that letter size is relatively smaller than the City’s name Identification (1/2” tall vs. 2-1/4”) to create a uniform appearance and get a consistent performance of all maintenance hole covers used citywide whether they are imported or fabricated here in the United States.” As indicated above, section 134.46 requires that in any case where a U.S. locality appears on an imported article, there shall appear in at least comparable size, the name of the country of origin. As noted in HQ 733736 dated June 19, 1991, “In C.S.D. 90-41, we found that the lettering denoting "MADE IN KOREA," which was one-third or less the size of the lettering employed to denote “WEST GERMANY," was plainly not lettering of comparable size, as required by 19 CFR 134.46…and while no set ratio of print sizes or types is mandated by the regulations, in this case we do not believe that a print size for the country of origin marking which is less than 50% of the type size used to denote "SILK" HAWAIIAN TI LEAF would be in compliance with the comparable size requirement of the marking regulation.” In the opinion of this office, marking the subject articles with the country of origin (“Made in India” or “Made in Mexico”) using letters that measure 1/2 inch in height in close proximity to the name of the U.S. locality (“City of Los Angeles”) using letters that measure 2 1/4 inches in height does not satisfy the comparable size requirement of the marking regulation at section 19 CFR 134.46. In this case, the country of origin marking must be enlarged so that the difference between the two markings is comparable. Therefore, the proposed marking of imported manhole frames and covers, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is therefore, not an acceptable country of origin marking for the imported manhole frames and covers. We suggest that you contact the district director at the ports through which you plan to import the merchandise through so that (s)he can see whether the print size and type you subsequently use conforms to the marking requirements of section 304 of the Tariff Act of 1930, as amended. You indicated that Note 2 on the attached drawing specifies that the subject frames and covers receive an asphalt coating after fabrication. You asked if the subject “frames and covers are eligible for an alternate marking method whereas the pallets holding the frames and covers for example could be tagged instead, to indicate the country of origin.” As stated in HQ 731937 dated February 27, 1990, “Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 207 of the Trade and Tariff Act of 1984, Pub. L. No. 98-573, 98 Stat. 2976 (1984) added a new 19 U.S.C. 1304(e), which requires that imported manhole rings, frames, covers and assemblies thereof be marked with the country of origin on the top surface by means of die stamping, cast-in-mold lettering, etching, or engraving.” Please note that 19 USC 1304(e) reads “Marking of certain manhole rings or frames, covers, and assemblies thereof. No exception may be made under subsection (a)(3) of this section with respect to manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or an equally permanent method of marking.” Since no exceptions may be made under 19 USC 1304(e) with respect to marking manhole frames and covers, the proposed alternate marking method is not an acceptable method of marking. 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 Ann Taub at (646) 733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division