Mar-2-05 CO:R:C:V 735223 AT
District Director of Customs
1717 East Loop
Houston, Texas 77029
RE: Country of origin marking of brass valves imported from
China marked with trademark "Fairbanks"; identification
tags marked with country of origin; U.S. locality;
permanent marking; conspicuous place; 19 CFR 134.41(b);
19 CFR 134.47
Dear Madam:
This is in response to your memorandum dated May 20, 1993,
forwarding a request by Zidell Valve Corporation ("Zidell") dated
April 21, 1993, for a ruling on the country of origin marking of
industrial brass valves imported by Zidell from China. A marked
sample valve and photocopies of the container were submitted with
your memorandum for our review.
FACTS:
Zidell imports industrial brass valves from China to be sold
to companies which utilize the valves in piping systems. The
valves are marked with Zidell's registered trademark "Fairbanks"
on two sides (front and back) near the bottom of the article in
raised lettering measuring approximately 14 points (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). Other information,
such as the diameter of the valve and pressure resistance
appears directly below the trademark. Near the top of the valve,
a metal identification tag is securely affixed under the
handwheel by a metal retaining nut. The words "Made in China"
are printed on the identification label in blue lettering
measuring approximately 4.5 point. The trademark "Fairbanks" and
valve type are also printed on the label. Review of the
photocopies reveals that the containers in which the valves are
imported from China are marked with the words "Made in China"
in very large print. The trademark "Fairbanks" also appears on
the containers. You have requested a determination by this
office as to whether the marking of the imported valves is
acceptable.
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. Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304.
In determining whether the marking is acceptable, Customs
will take into account the presence of words or symbols on an
article which may mislead the ultimate purchaser as to the
country of origin. Consequently, if the words "United States,"
or "America," the letters "U.S.A.," any variation of such words
or letters, or the name of any city or locality other than the
country of origin appear on the imported article, special marking
requirements are triggered.
The marking issue raised in this case involves the
application of 19 CFR 134.47. This special marking requirement
is triggered by the presence of the word "Fairbanks" printed on
two sides of the valve and on the containers in which the article
is imported.
As provided at 19 CFR 134.47, when the name of a place other
than the country of origin appears as part of a trademark or
trade name or as part of a souvenir marking, the name of the
actual country of origin must appear in close proximity to the
place name "or in some other conspicuous location". Whether the
country of origin appears "in close proximity" or in some other
conspicuous place, the name of the country of origin must be
preceded by "Made in," "Product of," or words of similar meaning.
Here, the placement of the name of the country of origin on the
valves and the containers must satisfy the general standards of
conspicuousness and must be preceded by the words "Made in",
"Product of", or words of similar meaning.
As provided in section 134.41(b), Customs Regulations (19
CFR 134.41(b)), the country of origin marking is considered
conspicuous if the ultimate purchaser in the U.S., is able to
find the marking easily and read it without strain.
We have been advised by the National Import Specialist, New
York Seaport, that metal identification tags affixed under the
handwheel are widely used in the valve industry to provide the
user with the required information about the valve and that this
is the preferred place to mark valves since an ultimate purchaser
will look first at the metal tag when casually inspecting the
article. Moreover, this method is considered to be permanent in
relation to the nature of the article. The country of origin
marking on the valve can be easily seen since it is printed in
contrasting blue lettering of legibly sized print. The marking
"Made in China" printed on the containers as illustrated by the
submitted photocopies satisfies the conspicuousness requirement
of 19 CFR 134.41, since it appears to be located on a place on
the container which can be easily noticed by an ultimate
purchaser and is printed in very large lettering. The marking
on both the valve and the container is clear and can be easily
read without strain. It is our opinion that the country of
origin marking on the sample valve and the containers satisfies
the requirements of 19 CFR 134.41 and 19 U.S.C. 1304. The
marking appears in places which are "conspicuous" within the
meaning of 19 CFR 134.41 and there is no likelihood that the
ultimate purchaser would be misled by the trademark "Fairbanks".
Thus, the marking is in conformity with the requirements of 19
CFR 134.47.
HOLDING:
The country of origin marking on the sample valve and
photocopies of the containers, as described above, satisfies the
marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
Sincerely,
John Durant, Director