HQ 0732009 - Country of Origin Marking of Sink Strainer - United States International Trade Commision Rulings

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HQ 732009

June 20, 1989

MAR 2-05 CO:R:C:V 732009 LR

CATEGORY: MARKING

Joseph F. Donohue, Jr., Esq.
Donohue and Donohue
26 Broadway, Suite 111
New York, N.Y. 10004

RE: Country of Origin Marking of Sink Strainer

Dear Mr. Donohue:

This is in response to your letters dated December 22, 1988 and May 26, 1989 (your file 0117-01), submitted on behalf of Action Industries, Inc., requesting a country of origin marking exception for certain stainless steel strainers imported through Columbus, Ohio, on November 23, 1988, and a ruling concerning the correct manner of marking future shipments. Since the request involves the interpretation of a previous Headquarters ruling, we have been asked by our Cleveland District office to rule on this matter.

FACTS:

On November 23, 1988, Action imported certain stainless steel basket sink strainers at the port of Columbus, Ohio (entry # 110-2113105-4). At the time of importation, each strainer was blister packaged for retail sale. As shown on the submitted sample, the statement, "Manufactured in Hong Kong for Action Industries, Inc.", appears on the front left side of the cardboard backing. The strainer itself is not marked. On November 23, 1988, Customs issued a notice of redelivery, advising that the "item itself must be permanently marked with country of origin and visible after outlet installed in sink." Action was advised by Customs officers in Cleveland, Ohio, that the basis for the notice was T.D. 55015(3), which requires both the strainer and the "outlet" to be marked with the country of origin by die-stamping, etching, or other similar form of permanent marking.

With respect to the pending shipment of strainers, Action requests an exception from individual marking under either 19 U.S.C. 1304(a)(3)(D) or 19 U.S.C. 1304(a)(3)(K). Evidence regarding the cost to mark the strainers has been submitted. Advice is also sought concerning the marking of future shipments.

ISSUE:

Whether the requirements of T.D. 55015(3), which pertain to the manner and location for marking the country of origin on sink strainers and outlets, are applicable when strainers are imported and sold in blister packages for retail sale to homeowners with the country of origin conspicuously appearing on the blister package.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin, or its container, must be legibly, permanently, and conspicuously marked to indicate the country of origin to an ultimate purchaser in the U.S. The primary purpose of the country of origin marking statute 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 the product, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302, C.A.D. 104 (1940) (quoted in Globemaster, Inc. v. United States, 68 Cust. Ct. 77, 79-80, 340 F. Supp. 975-76 (1972) and National Juice Products Association v. United States, 10 CIT 48, 628 F. Supp. 978 (1986).

The regulations implementing the requirements and exceptions to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). Under 19 CFR 134.41(d), the ultimate purchaser is "generally the last person in the U.S. who will receive the article in the form in which it was imported." An article may be excepted from marking if the marking of the container will reasonably indicate the country of origin to the ultimate purchaser (19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d)). An article imported in a blister package for retail sale to the ultimate purchaser would generally be excepted from individual marking under these provisions.

In T.D. 55015(3), which published Customs Circular Letter No. 3103, dated December 7, 1959, Customs ruled that sink strainers and outlets must be legibly and conspicuously marked with the country of origin by means of die stamping, etching, or other similar form of permanent marking. The decision also requires that the marking on the strainer shall be in a position where it can be seen when the strainer is nested in the outlet, and that the marking on the outlet shall be in a position where it can be seen after the outlet has been installed in the sink. (The strainer is the removable basket which is placed into the the outlet. The outlet is the piece which is permanently installed into the sink).

Although the decision does not specifically state, T.D.55015(3) was apparently based on the rationale that the ultimate purchaser of the sink strainer and outlet is the homeowner and not the installer of these items (e.g., the plumber or home builder). As such, the only methods of marking that would survive the installation of the outlet and strainer, would be those methods mentioned in the decision. Moreover, the homeowner would not see the country of origin marking unless it appeared in a location which remained visible after the strainer and outlet were installed.

As evidenced by the fact that the strainers imported by Action were packaged individually in blister packages and by the fact that the strainers are imported without an outlet, it is apparent that the strainers are for retail sale to the ultimate purchaser (i.e., the homeowner) and not for sale to the plumbing or building trade. The blister packages are obviously intended to remain with the article through its retail sale to the ultimate purchaser. In such circumstances, notwithstanding T.D. 55015(3), we find that the strainers are excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d) because the marking of the containers (i.e. the blister packages) will reasonably indicate the country of origin to the ultimate purchaser.

In any case where individual marking is required (for example, where the strainers are imported in bulk), the requirements of T.D. 55015(3) are applicable. The strainers may be marked either on the flat bottom of the inner surface of the strainer or on the flat surface of the top of the center pole, as illustrated by lines 1 and 2, respectively, on your Exhibit 4.

HOLDING:

Sink strainers imported in individual blister packages for retail sale to homeowners for their own use are excepted from individual marking pursuant to 19 U.S.C. 1304(a)(D)(3) and 19 CFR 134.32(d). In such circumstances, the requirements of T.D. 55015(3), pertaining to the method and location of marking individual sink strainers and outlets, are not applicable.

Sincerely,

Marvin M. Amernick

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