Interpretation ID: nht90-3.1
TYPE: Interpretation-NHTSA
DATE: June 28, 1990
FROM: John Durant -- Commercial Rulings Division, Department of the Treasury, U.S. Customs Service
TO: Paul Jackson Rice -- Chief Counsel, NHTSA
TITLE: None
ATTACHMT: Attached to letter dated 5-1-90 from J. Laderberg to J.H. Heinrich; Also attached to letter dated 9-14-90 from P.J. Rice to J. Durant (A36; Std. 205); Also attached to letter dated June 26, 1989 from S.P. Wood to M. Turner
TEXT:
On June 26, 1990, Marvin Amernick of my staff spoke to Dorothy Nakama of your staff concerning the markings which appear on automotive glass. She was extremely helpful. Mr. Amernick explained that this office issued a ruling letter on May 1, 1990, to t he Customs office in Los Angeles, in which we determined that the automobile owner who needs to replace automotive glass is the ultimate purchaser of the replacement glass. As such, in accordance with section 304, Tariff Act of 1930, as amended (19 U.S. C. 1304), and Part 134, Customs Regulations (19 CFR Part 134), if the automative glass is imported, the automobile owner must be made aware of the country of origin of the imported glass. Noting that automotive glass is already required by the Departmen t of Transportation to be permanently marked with certain information, we referred to 19 CFR 134.41(a) which states that generally, the country of origin marking is best met by marking worked into articles at the time of manufacture. In the ruling we di d not prescribe any particular method of marking automotive glass. However, we stated that the marking must be permanent enough to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultima te purchaser, unless it is deliberately removed. A copy of the ruling is enclosed for your information.
We have now been asked to reconsider the ruling. Various issues are being raised as part of this request and we are looking into several on our own initiative. One of these is the marking requirements imposed on manufacturers of automotive glass by the Department of Transportation. We would appreciate your views on whether a Customs requirement that all imported automotive glass for the replacement market be permanently marked with the name of the country of origin would in any way impact on the mark ing requirements of your agency.
Your prompt review of this issue and response would be appreciated inasmuch as we need to advise the affected industry and our field staff as soon as possible. If you have any questions, please call me on 566-5868 or Mr. Amernick on 566-5765.