HQ 0731544 - Country of origin marking requirements for pocket knife - United States International Trade Commision Rulings

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HQ 731544
May 16, 1989

MAR-2-05 CO:R:C:V 731544 KG

CATEGORY: MARKING

John H. Nessley
Edward S. Zerwekh Company
359 No. Oak Street
Inglewood, California 90302

RE: Country of origin marking requirements for pocket knife

Dear Mr. Nessley:

This is in response to your letter dated June 21, 1988, requesting a ruling on whether your proposed method of marking a stainless steel pocket knife satisfies section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304).

FACTS:

Your client imports stainless steel pocket utility knives which are made in Japan. The knife contains six blades. One blade is a knife, a second blade is a saw, a third blade is a screwdriver, a fourth blade is a nail file, a fifth blade is a tweezers and a sixth blade is a scissors. The country of origin marking is located on the inside of the base of the knife blade. You advised a member of my staff that the knife is packaged in a heavy plastic sleeve that has a flap with a snap on it to open and close the packaging. The consumer would be able to open the snap and examine the knife before purchasing it.

ISSUE:

Whether a country of origin marking on the inside of the base of the knife blade of a folding utility pocket knife is in accordance with 19 U.S.C. 1304.

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. 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 is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Knives, in particular, are required by section 134.43, Customs Regulations (19 CFR 134.43), to be marked legibly and conspicuously by die stamping, cast-in-the-mold lettering, etching (acid or electrolytic), engraving or by means of metal plates.

Examination of the submitted knife reveals that it is legibly and permanently marked with the country of origin by stamping the inside of the base of the knife blade. The issue presented by these facts is whether the marking is conspicuous. Section 134.41, Customs Regulations (19 CFR 134.41), requires that "the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain." A marking should be placed in a location where the ultimate purchaser would be expected to look. For instance, garments are generally required to be marked in the neck area. See HQ 731600 (November 15, 1988), HQ 730768 (November 3, 1988). Knives are generally marked on the base of the primary blade. It is reasonable to assume that a purchaser of a pocket knife would unfold and examine each blade, particularly the knife blade. The method of packaging of the knife is designed to enable the consumer to open the packaging and examine the product. Further, the lettering is about the same size as lettering indicating that the product is made of stainless steel and is in all capital letters and of sufficient size and prominence that it is easily readable. Therefore, the country of origin marking on the knife blade of the utility pocket knife is in accordance with 19 U.S.C. 1304 and Part 134, Customs Regulations (19 CFR Part 134).

HOLDING:

The country of origin marking on the inside of the base of the knife blade of a stainless steel utility pocket knife is conspicuous and satisfies 19 U.S.C. 1304 and Part 134, Customs Regulations (19 CFR Part 134).

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs and Admissibility Branch

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