44208 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

activations of the valves. The actions

specified by this AD are intended to

prevent self-activation of the valves, and

subsequent inadvertent inflation of the

emergency float system, which could

lead to loss of control of the helicopter.

EFFECTIVE DATE: September 24, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Uday Garadi, Aerospace Engineer, FAA,

Rotorcraft Certification Office, 2601

Meacham Blvd., Fort Worth, Texas

76137, telephone (817) 222–5157; fax

(817) 222–5960.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to Model 214ST

helicopters, equipped with an

emergency float kit, part number (P/N)

214–706–120, containing valves, P/N

214–073–929–103 or –105, in solenoid

valve assemblies (valve assemblies), P/

N 214–073–940–101 or –103, was

published in the Federal Register on

November 20, 1996 (61 FR 59033). That

action proposed to require replacement

of all existing valves, P/N 214–073–929–

103 and –105, in valve assemblies, P/N

214–073–940–101 and –103.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public. The FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed.

The FAA estimates that 9 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately 2

work hours per helicopter to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Required parts will cost approximately

$2,100 per helicopter. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$19,980.

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

AD 97–17–06 Bell Helicopter Textron, Inc.:

Amendment 39–10108. Docket No. 96–

SW–27–AD.

Applicability: Model 214ST helicopters,

equipped with an emergency float kit, part

number (P/N) 214–706–120, containing

emergency float inflation solenoid valves,

P/N 214–073–929–103 or –105, in solenoid

valve assemblies, P/N 214–073–940–101 or

–103, certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent self-activation of the valves,

and subsequent inadvertent inflation of the

emergency float system, which could lead to

loss of control of the helicopter, accomplish

the following:

(a) At the next scheduled ‘‘B’’ (250 hour)

inspection, or 180-day float inspection, or 3-

year float system operational inspection,

whichever occurs first, remove solenoid

valves, P/N 214–073–929–103 or –105, from

solenoid valve assemblies, P/N 214–073–

940–101 or –103, and replace with solenoid

valves, P/N 214–073–929–107.

Note 2: Solenoid valve assemblies, P/N

214–073–940, consist of a valve, P/N 214–

073–929 and a decal, P/N 31–023–8B.

Solenoid valve assembly, P/N 214–073–940–

105, contains solenoid valve, P/N 214–073–

929–107.

(b) Installation of solenoid valves, P/N

214–073–929–107, or solenoid valve

assemblies, P/N 214–073–940–105,

constitutes terminating action for the

requirements of this AD.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Certification

Office.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Rotorcraft

Certification Office, Rotorcraft Directorate,

FAA. Operators shall submit their requests

through an FAA Principal Maintenance

Inspector, who may concur or comment and

then send it to the Manager, Rotorcraft

Certification Office.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(e) This amendment becomes effective on

September 24, 1997.

Issued in Fort Worth, Texas, on August 13,

1997.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–22044 Filed 8–19–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–53–AD; Amendment

39–10110; AD 96–23–07 R1]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–80 Series

Airplanes and Model MD–88 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment revises an

existing airworthiness directive (AD),

applicable to certain McDonnell
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44209

Douglas Model DC–9–80 series

airplanes and Model MD–88 airplanes,

that currently requires visual/dye

penetrant and ultrasonic inspections to

detect cracks in the vertical leg of the

rear spar lower cap of the wings, and

various follow-on actions. This

amendment is prompted by the

necessity to provide the current address

of the FAA office that receives the

results of reporting requirements of this

AD. The actions specified in this AD are

intended to prevent fatigue cracking in

the vertical leg of the rear spar lower

cap of the wing, which, if not detected

and corrected in a timely manner, could

result in loss of the spar cap, and

consequent damage to the spar cap web

and adjacent wing skin structure; this

condition could lead to reduced

structural integrity of the wing.

DATES: Effective September 4, 1997.

The incorporation by reference of

certain publications listed in the

regulations was approved previously by

the Director of the Federal Register as of

December 19, 1996, (61 58323,

November 14, 1996).

Comments for inclusion in the Rules

Docket must be received on or before

October 20, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–53-

AD, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056.

The service information referenced in

this AD may be obtained from

McDonnel Douglas Corporation, 3855

Lakewood Boulevard, Long Beach,

California 90846, Attention: Technical

Publications Business Administration,

Department C1–L51 (2–60). This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Transport

Airplane Directorate, Los Angeles

Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Brent Bandley, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; telephone (562) 627–

5237; fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: On

November 5, 1996, the FAA issued AD

96–23–07, amendment 39–9812 (61 FR

58323, dated November 14, 1996),

applicable to certain McDonnell

Douglas Model DC–9–80 series

airplanes and Model MD–88 airplanes,

to require visual/dye penetrant and

ultrasonic inspections to detect cracks

in the vertical leg of the rear spar lower

cap of the wings, and various follow-on

actions. That action was prompted by

reports indicating that, due to improper

torque tightening of the attach studs of

the flap hinge fitting, fatigue cracks

were found in the vertical leg of the rear

spar lower cap of the wing. The actions

required by that AD are intended to

prevent such fatigue cracking, which, if

not detected and corrected in a timely

manner, could result in loss of the spar

cap, and consequent damage to the spar

cap web and adjacent wing skin

structure; this condition could lead to

reduced structural integrity of the wing.

Actions Since Issuance of Previous Rule

Since the issuance of that AD, the

FAA notes that the FAA office

(referenced as the address to provide

certain results of reporting

requirements) has a new address, new

phone number, and a new facsimile

number. The FAA has determined that

the new address is pertinent

information necessary to readily permit

compliance with the reporting

requirements of this AD. Therefore, the

FAA has revised the final rule to reflect

the current address of the appropriate

FAA office. In all other respects, this AD

remains unchanged.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of this same

type design, this AD revises AD 96–23–

07 to specify the current address of the

referenced FAA office to assist operators

in readily meeting the reporting

requirements of this AD.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 96–NM–53–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.
44210 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–9812 (61 FR

58323, dated November 14, 1996), and

by adding a new airworthiness directive

(AD), amendment 39–10110, to read as

follows:

96–23–07 R1 McDonnell Douglas:

Amendment 39–10110. Docket 96-NM–

53-AD. Revises AD 96–23–07,

Amendment 39–9812.

Applicability: Model DC–9–81 (MD–81),

DC–9–82 (MD–82), DC–9–83 (MD–83), DC–

9–87 (MD–87) series airplanes and Model

MD–88 airplanes, as listed in McDonnell

Douglas MD–80 Service Bulletin 57–184,

Revision 1, dated December 22, 1994;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (e) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent fatigue cracking in the vertical

leg of the rear spar lower cap of the wing,

which could lead to reduced structural

integrity of the wing, accomplish the

following:

Note 2: Actions specified in this AD that

have been performed prior to the effective

date in accordance with McDonnell Douglas

MD–80 Service Bulletin 57–184, dated March

16, 1989, are considered acceptable for

compliance with the applicable requirement

of this AD.

(a) Visual/Dye Penetrant Inspection and

Ultrasonic Inspection. Perform visual/dye

penetrant and ultrasonic inspections to

detect cracks in the vertical leg of the rear

spar lower cap of the wings below and in the

adjacent area of the two lower attaching stud

holes for the inboard hinge fitting of the

outboard flap at station Xrs=164.000, in

accordance with McDonnell Douglas MD–80

Service Bulletin 57–184, Revision 1, dated

December 22, 1994; at the time specified in

paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this

AD, as applicable.

(1) For airplanes that have accumulated

less than 8,000 total landings as of December

19, 1996, (the effective date of AD 96–23–01):

Perform the inspection prior to the

accumulation of 10,000 landings or within

3,000 landings after December 19, 1996,

whichever occurs later.

(2) For airplanes that have accumulated

8,000 or more total landings but less than

10,000 total landings as of December 19,

1996: Perform the inspection within 3,000

landings after December 19, 1996.

(3) For airplanes that have accumulated

10,000 or more total landings but less than

15,000 total landings as of December 19,

1996: Perform the inspection within 2,400

landings after December 19, 1996.

(4) For airplanes that have accumulated

15,000 or more total landings as of December

19, 1996: Perform the inspection within

1,800 landings after December 19, 1996.

(b) Condition 1 (No Cracks). If no crack is

detected during any inspection required by

paragraph (a) of this AD, accomplish the

requirements of either paragraph (b)(1) or

(b)(2) of this AD, in accordance with

McDonnell Douglas MD–80 Service Bulletin

57–184, Revision 1, dated December 22,

1994.

(1) Condition 1, Option 1 (Terminating

Action). Prior to further flight, tighten the

four mounting studs of the flap hinge fitting

in the rear spar caps (2 studs in the upper

cap and 2 studs in the lower cap) to the

applicable torque value, in accordance with

the service bulletin. Accomplishment of this

tightening of the mounting studs of the flap

hinge fitting constitutes terminating action

for the repetitive inspection requirements of

paragraph (b)(2) of this AD.

(2) Condition 1, Option 2 (Repetitive

Inspection). Repeat the visual/dye penetrant

and ultrasonic inspections required by

paragraph (a) of this AD thereafter at

intervals not to exceed 3,000 landings until

paragraph (b)(1) of this AD is accomplished.

(c) Condition 2 (Cracks). If any crack is

detected during any inspection required by

paragraph (a) or (b)(2) of this AD, prior to

further flight, perform a high frequency eddy

current inspection to confirm the existence of

cracking, in accordance with McDonnell

Douglas MD–80 Service Bulletin 57–184,

Revision 1, dated December 22, 1994. After

this inspection, accomplish the requirements

of either paragraph (c)(1), (c)(2), or (c)(3) of

this AD, as applicable.

(1) No Cracking Confirmed. If no cracking

is confirmed, accomplish the requirements of

either paragraph (b)(1) [‘‘Condition 1, Option

1 (Terminating Action)’’] or (b)(2)

[‘‘Condition 1, Option 2 (Repetitive

Inspection)’’] of this AD.

(2) Condition 2, Option 1 (Permanent

Repair). If any cracking is confirmed, prior to

further flight, replace the entire spar cap or

accomplish the permanent splice repair of

the spar cap, and tighten the four mounting

studs of the flap hinge fitting in the rear spar

caps (2 studs in the upper cap and 2 studs

in the lower cap) to the applicable torque

value, in accordance with the service

bulletin. Accomplishment of this tightening

of the mounting studs constitutes terminating

action for the repetitive inspection

requirements of paragraph (c)(3) of this AD.

(3) Condition 2, Option 2 (Temporary

Repair). If cracking is confirmed and it does

not extend beyond the location limits and

does not exceed the maximum permissible

crack length of 2 inches, prior to further

flight, accomplish the temporary repair

modification of the spar cap in accordance

with the service bulletin. Thereafter, repeat

the eddy current inspection at intervals not

to exceed 3,000 landings until paragraph

(c)(2) of this AD is accomplished.

(i) If any crack progression is found during

any repetitive eddy current inspection

following accomplishment of the temporary

repair, prior to further flight, contact the

Manager, Los Angeles Aircraft Certification

Office (ACO), FAA, Transport Airplane

Directorate, telephone (562) 627–5237, fax

(562) 627–5210, to establish the appropriate

repair or replacement interval.

Note 3: Operators should note that, unlike

the recommended compliance time of

‘‘within 3,000 landings after discovery of

cracking,’’ which is specified in the service

bulletin as the time for accomplishing the

permanent splice repair or replacement of the

spar cap, this AD requires that operators

contact the FAA prior to further flight. The

FAA finds that the repair/replacement

interval should be established based on the

crack progression. Where there are

differences between the AD and the service

bulletin in this regard, the AD prevails.

(ii) If any new crack is found during any

repetitive eddy current inspection following

accomplishment of the temporary repair,

prior to further flight, accomplish the

permanent repair in accordance with the

service bulletin.

(d) Reporting Requirement. Within 10 days

after accomplishing the initial visual/dye

penetrant and ultrasonic inspections required

by paragraph (a) of this AD, submit a report

of the inspection results (both positive and

negative findings) to the Manager, Los

Angeles ACO, FAA, Transport Airplane

Directorate, Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California 90712–4137; telephone

(562) 627–5237; fax (562) 627–5210.

Information collection requirements

contained in this regulation have been

approved by the Office of Management and

Budget (OMB) under the provisions of the

Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.) and have been assigned OMB

Control Number 2120–0056.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles ACO. Operators shall submit their

requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Los Angeles ACO.
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44211

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(f) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(g) The actions shall be done in accordance

with McDonnell Douglas MD–80 Service

Bulletin 57–184, Revision 1, dated December

22, 1994. This incorporation by reference was

approved previously by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51, as of December 19,

1996 (61 FR 58323, November 14, 1996).

Copies may be obtained from McDonnell

Douglas Corporation, 3855 Lakewood

Boulevard, Long Beach, California 90846,

Attention: Technical Publications Business

Administration, Department C1–L51 (2–60).

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California; or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

(h) This amendment becomes effective on

September 4, 1997.

Issued in Renton, Washington, on August

13, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–22042 Filed 8–19–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 134

[T.D. 97–72]

RIN 1515–AB82

Country of Origin Marking

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations to ease the

requirement that whenever words

appear on imported articles indicating

the name of a geographic location other

than the true country of origin of the

article, the country of origin marking

always must appear in close proximity

and in comparable size lettering to those

words preceded by the words ‘‘Made

in,’’ ‘‘Product of,’’ or other words of

similar meaning. Customs believes that,

consistent with the statutory

requirements of 19 U.S.C. 1304, the

country of origin marking only needs to

satisfy these requirements if the name of

the other geographic location may

mislead or deceive the ultimate

purchaser as to the actual country of

origin.

EFFECTIVE DATE: September 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Craig Walker, Office of Regulations and

Rulings, 202–482–6980.

SUPPLEMENTARY INFORMATION:

Background

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 United

States 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 United States 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 are a product. Part 134,

Customs Regulations (19 CFR part 134),

implements the country of origin

marking requirements and exceptions to

19 U.S.C. 1304.

Section 134.46, Customs Regulations

(19 CFR 134.46) provides that in any

case 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, appear on an imported article

or its container, 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.

Section 134.46 was promulgated

pursuant to the statutory authority of 19

U.S.C. 1304(a)(2), which provides that

the Secretary of the Treasury may by

regulations require the addition of any

words or symbols which may be

appropriate to prevent deception or

mistake as to the origin of the article or

as to the origin of any other article with

which such imported article is usually

combined subsequent to importation but

before delivery to an ultimate purchaser.

A strict application of § 134.46 would

require that in any case in which a nonorigin locality reference appears on an

imported article or its container, the

actual country of origin of the article

must appear in close proximity and in

comparable size lettering to the locality

reference preceded by the words ‘‘Made

in,’’ ‘‘Product of,’’ or other words of

similar meaning.

Because Customs believes that the

strict requirements of § 134.46 are not

always necessary to ‘‘prevent deception

or mistake as to the origin of the article’’

in accordance with 19 U.S.C. 1304,

Customs proposed to modify § 134.46 in

a Notice of Proposed Rulemaking

published in the Federal Register (60

FR 57559) on November 16, 1995.

In that document, Customs also

proposed to remove § 134.36(b), which

provides that an exception from

marking shall not apply to any article or

retail container bearing any words,

letters, names or symbols described in

§ 134.46 or § 134.47 which imply that an

article was made or produced in a

country other than the actual country of

origin. Since the special marking

requirements of § 134.46, as proposed to

be amended, would be triggered only

when the the marking appearing on an

imported article or its container is

capable of misleading or deceiving an

ultimate purchaser as to the actual

country of origin of the article,

§ 134.36(b), which serves the same

purpose, would be redundant and no

longer needed.

The proposal to modify § 134.46

reflected Customs practice in applying

the regulation. Customs has applied a

less stringent standard in determining

whether the country of origin marking

appearing on an imported article or its

container is acceptable. That is,

Customs takes into account the question

of whether the presence of words or

symbols on an imported article or its

container can mislead or deceive the

ultimate purchaser as to the actual

country of origin of the article.

Consequently, if a non-origin locality

reference appears on an imported article

or its container, Customs applies the

special marking requirements of

§ 134.46 only if it finds that the

reference may mislead or deceive the

ultimate purchaser as to the actual

country of origin of the imported article.

If Customs concludes that the nonorigin locality reference would not

mislead or deceive an ultimate

purchaser as to the actual country of

origin of the imported article, Customs’

policy is that the special marking

requirements of § 134.46 are not

triggered, and the origin marking only

needs to satisfy the general

requirements of permanency, legibility

and conspicuousness under 19 U.S.C.

1304 and 19 CFR part 134. This less

stringent application is evidenced in