MAR-2:OT:RR:NC:N2:206
Mr. Thomas Xing Yu Ng
Mintime Auto Parts Malaysia Sdn. Bhd.
No.7, Jalan Kenanga 9, Seksyen BB11
Bandar Bukit Beruntung 48300
Malaysia
RE: The country of origin marking of brake pads
Dear Mr. Ng:
This is in response to your letter, dated July 29, 2026, requesting a ruling on whether the proposed marking
of retail packaging containers in lieu of the product is an acceptable country of origin marking for the
imported brake pads. A sample of the brake pads was received by this office and pictures of the container
were submitted with your letter for review.
The product under consideration is a set of brake pads used in passenger vehicles, Part Number P-1391-MA.
The product is similar to the brake pads described in NY Ruling N362232, issued to you on June 26, 2026. In
that ruling, you proposed to mark the pads with “MT-P905-MA-YDL-MF501-FF” on the narrow side. You
stated that MA stood for Malaysia. On the front surface of the pads, in large print the words “DETROIT
AXLE” appeared. We stated that the proposed marking of the imported pads does not satisfy the marking
requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking.
In lieu of marking the brake pads, you now propose to mark the retail packaging container in which a pair of
the brake pads at issue are packaged and sold to various customers in the United States. We note that the
container also bears the words “DETROIT AXLE” on seven surfaces of the retail packaging. The back of the
container is marked “Made in Malaysia” in smaller letters.
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.
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. Part 134.1(d) defines the "ultimate purchaser" generally as the last person in the U.S. who will
receive the article in the form in which it was imported.
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.
With respect to your inquiry concerning marking of the outermost surface of the retail packaging containers,
this office notes that Section 134.32 sets forth a limited list of conditions that may render an article excepted
from the marking requirements set forth in 19 C.F.R. Part 134.11. Specifically, 19 C.F.R. Part 134.32(d),
addresses the marking of articles imported in containers:
(d) Articles for which the marking of the containers will reasonably indicate the origin of the articles.
The general rules for marking articles excepted under Section 134.32 are set forth in 19 C.F.R. Part
134.22(a), which provides as follows:
Contents excepted from marking. When an article is excepted from the marking requirements by
subpart D of this part, the outermost container or holder in which the article ordinarily reaches the
ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the
article is marked to indicate its country of origin.
Upon review of the facts presented, we have determined that the articles may be excepted from the marking
requirements if the outermost container in which the brake pads ordinarily reach the ultimate purchaser are
properly marked to indicate the country of origin. However, the container you presented still bears the words
“DETROIT AXLE” on the front surface. Detroit is a city in the United States.
Section 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.
Section 134.47 provides “When as part of a trademark or trade name or as part of a souvenir marking, the
name of a location in the United States or "United States" or "America" appear, the article shall be legibly,
conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded
by "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous
location.” Detroit Axle is a registered trademark.
The purpose of both provisions (134.46 and 134.47) is the same, namely, to prevent the ultimate purchaser
from being misled or deceived when the name of a country or place other than the country of origin appears
on an imported article or its container. “Made in Malaysia” is not in close proximity to “DETROIT AXLE,”
as it appears on the back of the box. In addition, the marking “Made in Malaysia” is written in a much
smaller font and the color of the font almost blends in with the color of the box.
Accordingly, the proposed marking of the imported brake pads, as described above, does not satisfy the
country-of-origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and, therefore, is not
acceptable.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
Regulations (19 C.F.R. 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, please contact
National Import Specialist Liana Alvarez at [email protected].
Sincerely,
(for)
James P. Forkan
Director
National Commodity Specialist Division