HQ 0731047 - Country of origin marking requirements for cast iron pipe sections - United States International Trade Commision Rulings

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HQ 731047

February 26, 1988

MAR-2-05 CO:R:C:V 731047 jd

CATEGORY: MARKING

Mr. Ron Katchur
Park Corporation
P.O. Box 450
West 7th Avenue
Homestead, Pennsylvania 15120

RE: Country of origin marking requirements for cast iron pipe sections

Dear Mr. Katchur:

This is in response to your letter of February 10, 1988, requesting a ruling on country of origin marking requirements for imported cast iron pipe sections. You are aware of statutory requirements which prescribe die stamping, cast-in-mold lettering, etching, or engraving as the method of marking for imported iron pipe, but you have described a situation which you believe merits an exemption from those requirements.

FACTS:

Based on your letter, and a phone conversation between John Doyle of my staff and Paul Chamberlain of your company on February 24, 1988, we understand you import cast iron pipe sections for use underground. The ultimate purchasers of these pipe sections are the water departments of cities and towns which use the sections in fire hydrants. The sections are installed in the ground immediately beneath the hydrants so that if a vehicle strikes the hydrant, the section breaks rather than other larger pipe sections further underground. This facilitates repair.

Before importation, a bitumistic coating is applied to the sections as a preservative/rust inhibitor. This coating is a "gooey, tar-like" substance that remains somewhat soft for sometime after application. Any permanent country of origin marking worked into the pipe sections such as die stamping, cast- in-mold lettering, etching, or engraving would be concealed by the coating. Also, problems exist with the permanency of any marking placed on the coating. While it would be possible to paint stencil marking on the coating, the softness of the coating makes it probable that the marking would be made illegible, if not completely obliterated, by normal handling en route to the ultimate purchaser.

The pipe sections are imported on pallets, usually 10 to a pallet. You stated that normally the pipe sections are sold in full pallet lots, but when less than a full pallet lot is sold, the remaining sections are restrapped to another pallet. Therefore, pipe sections are always delivered to ultimate purchasers on pallets.

ISSUE:

Can sections of cast iron pipe, which in their imported condition are covered with a bitumistic coating, be marked for country of origin purposes by means other than die stamping, cast-in-mold lettering, etching, or engraving?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) 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 the English name of the country of origin of the article.

Section 207 of the Trade and Tariff Act of 1984, amended 19 U.S.C. 1304 by requiring that all imported pipe and pipe fittings of iron or steel be permanently marked to indicate their country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving. In T.D. 86-15, published in the Federal Register of February 5, 1986 (51 FR 4559), Customs, in recognition of the fact that some pipe and pipe fittings of iron or steel cannot be marked by any of the prescribed means, listed certain types of pipes and pipe fittings that could be marked by alternate means such as stenciling or tagging of bundles or containers. (See 19 U.S.C. 1304(c)). As you will note from the attached copy of T.D. 86-15, one of the categories of pipe eligible for alternate marking methods is "coated pipe".

HOLDING:

Bitumistic coating is not listed in T.D. 86-15. However, bitumistic coating presents the same marking problem as the coatings mentioned, i.e., it would conceal any marking that had been worked into the pipe at manufacture. Therefore, Customs is of the opinion that cast iron pipe sections with a bitumistic coating are eligible for the alternate marking method of tagging of bundles or containers. Tags with proper country of origin information must be securely attached to the pallets holding the pipe sections.

In any instance when less than a full pallet lot will reach an ultimate purchaser, { 134.25, Customs Regulations (19 CFR 134.25), requires that the pallet be marked to indicate the country of origin of the pipe sections.

Sincerely,

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