MAR-2-05 CO:R:C:V 734530 RSD
Ms. Sylvia Pearson
Customs Administrator
Toyota Motor Sales, U.S.A., Inc.
19001 South Western Avenue
P.O. Box 2991
Torrance, California 90509-2991
RE: Country of origin marking for imported automotive
replacement glass, permanent, conspicuous, legible; 19 CFR
134.41
Dear Ms. Pearson:
This is in response to your letter dated March 2, 1992,
requesting a ruling on the country of origin marking requirements
for automotive replacement glass. A sample of the replacement
glass with the proposed country of origin marking was submitted
for our consideration.
FACTS:
The submitted sample is a replacement glass panel for a side
vent window of an automobile. The glass piece is marked with its
country of origin by a clear laminated adhesive sticker. The
sticker has been applied to the lower right portion on the
outside of glass. The words "MADE IN JAPAN" are marked in white
letters of about 9 point type. The sticker also states "THIS
STICKER IS TO BE REMOVED BY CAR OWNER ONLY." Below the sticker
etched into the glass are the words "TOYOTA" "Temperlite". In
the same general area of the glass there is other product
information, including U.S. Department of Transportation code
numbers. The box which contained the glass is marked "MADE IN
JAPAN" which is below the words "ASAHI GLASS".
ISSUE:
Is the country of origin marking on the sample automotive
replacement glass sufficiently permanent, conspicuous, and
legible to satisfy the requirements of the country of origin
marking law?
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.
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.
The country of origin marking should appear in a location
where the ultimate purchaser would expect to find it or in a
location where the ultimate purchaser would be able notice it
from a causal inspection of the merchandise. However, the
country of origin marking does not have to appear in the most
conspicuous location of the article. See HQ 734098, July 5,
1991.
In HQ 734092, April 1, 1991, Customs reaffirmed a previous
ruling that imported replacement automotive glass was not
substantially transformed when it was installed into a motor
vehicle. Therefore, we ruled that the automobile owner was the
ultimate purchaser of the glass and was entitled to know its
country of origin. The ruling also explained that the marking
only had to be sufficiently permanent to insure that in any
reasonably foreseeable circumstance, it would remain on the glass
until it reaches the ultimate purchaser unless it is deliberately
removed. We specifically indicated that alternate methods of
country of origin marking, such as placing adhesive stickers on
the glass would comply with 19 U.S.C. 1304 and 19 CFR 134.41 as
long as the importer satisfies the district director at the port
of entry that the marking will remain on the glass throughout
distribution until it reaches the ultimate purchaser.
In this case, the automotive replacement glass is marked to
indicate its country of origin by an adhesive sticker affixed to
the glass. The country of origin marking, "Made in Japan," is in
large white letters of about 9 point type. This marking is large
and clear enough so that it can be read without strain. The
marking is in a location on the glass so that the ultimate
purchaser can find it easily through a casual examination of the
glass. Therefore, the marking is sufficiently conspicuous and
legible to satisfy the requirements of 19 CFR 134.41(b) and 19
U.S.C. 1304. The sticker on the sample is also securely affixed
on the glass. It appears that the sticker will remain on the
glass unless it is deliberately removed. The sticker also
contains the warning that "THIS STICKER IS TO BE REMOVED BY CAR
OWNER ONLY". This warning should be sufficient to inform the
glass installer that the sticker must remain on the glass after
it is installed and that only the car owner can remove it.
Consequently, we find that country of origin marking on the
sample also satisfies the requirement for being permanent.
However, if the district director at the port of entry
determines that the stickers are not remaining on the glass until
it reaches the ultimate purchaser, he/she still has the
discretion to require a more permanent method of marking.
HOLDING:
The country of origin marking on the sample automotive glass
by use of an adhesive sticker is sufficiently conspicuous,
legible, and permanent to satisfy the requirements of 19 CFR
134.41 and 19 U.S.C. 1304.
Sincerely,
John Durant, Director
Commercial Rulings Division