HQ 0732927 - Country of origin marking requirement for a multi-bladed pocket knife - United States International Trade Commision Rulings

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HQ 732927

January 25, 1990

MAR-2-05 CO:R:C:V 732927 EAB

CATEGORY: MARKING

David C. Soto, Import Supervisor
V. Alexander & Co., Inc.
P.O. Box 291929
Nashville, TN 37229-1929

RE: Country of origin marking requirement for a multi-bladed pocket knife

Dear Mr. Soto:

This is in reply to your letter dated November 28, 1989, supplemented by your letter of December 1, 1989, requesting a ruling on whether your proposed method of marking a multi-bladed novelty pocket knife meets the requirements of {304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304).

FACTS:

The sample is die-stamped "KOREA" on only the outer/upper base of the first blade, which is a combination can and bottle opener. This lettering is approximately 3/16ths inches in length by 1/32nd inches in height. The can and bottle opener blade is approximately 1/2 inch wide. There are no markings on the cut- ting blade, the nail file or the plastic applique glued to the back of the nail file. The body of the nail clipper, which is also the handle into which fold the openers and cutting blades, is die-stamped with three "7"'s within an oval, apparently some type of manufacturer's logo. This logo is in lettering that is three to four times larger in size than the lettering of the country of origin mark.

Your customer intends to wholesale the novelties to retail merchants who will present them in bulk display.

ISSUE:

What are the country of origin marking requirements of a multi-purpose folding novelty pocket knife?

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 its 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 in- fluence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 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, must be marked legibly and conspicuously by die stamping or other methods prescribed in 19 CFR 134.43.

The question presented in this case is whether the country of origin marking on the sample is conspicuous. In this regard, 19 CFR 134.41(b) provides that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. In Customs Headquarters Ruling Letter HQ 731544, dated May 16, 1989, Customs held that a die-stamped country of origin marking on the base of the cutting blade of a six-blade combina- tion pocket knife was conspicuous where the lettering was about the same size as lettering indicating that the knife was stain- less steel, and was in all capital letters of sufficient size and prominence to be easily readable.

A marking may be rather large yet not conspicuous because of its location. Alternatively, it may be, for example, on the face of an article but of such a small size as to make it inconspicu- ous upon all but the closest of examinations. Both the location and the size of a marking must be considered.

In the matter of knives, Customs strongly recommends gene- rally that the country of origin be in lettering of a size suffi- cient as to be legible and easily read and located on the handle when the handle is capable of being marked by one of the methods set out in 19 CFR 134.43, and such method of marking at that lo- cation will do no injury to the appeal or value of the knife. For example, one could not seriously consider marking fine silver
flatware on its handle. At a minimum, Customs suggests that the marking be located at the base of the cutting blade of the knife, or, at the base of the primary cutting blade of a knife consist- ing of multiple blades, each blade having a particular purpose, e.g. file, awl, scissors, clip, fish scaler, fork, spoon, lens, tweezers, saw, cork screw, etc. Knives marked in other than any of the foregoing locations may still be found to be marked con- spicuously, provided the lettering is in a method prescribed in 19 CFR 134.43, and of a sufficient size and location as to be found easily and read without strain by the ultimate purchaser. Each case must be decided upon its own particular facts.

Examination of the sample in this case reveals that the manufacturer's logo only is on the base of the handle, and in lettering three to four times larger than the lettering of the country of origin marking that is on the base of the secondary, non-cutting blade. The country of origin marking appears in very small lettering that is difficult to read. Customs finds that the country of origin marking on the sample is not conspicuous because due to its small size and its location, it not easily found and it is difficult to read. Customs suggests that the country of origin marking be in lettering of a size similar to that of the manufacturer's logo, and located on the handle.

HOLDING:

The country of origin marking on a knife must be legible, permanent and conspicuous. The proposed marking of a multi- purpose, multi-bladed pocketknife by die-stamping the base of the secondary blade in lettering that is 1/32nd inches high and 3/16th inches long is a proper method but is not conspicuous be- cause it is not easily read and found without strain, as required by 19 CFR 134.41(b).

Sincerely,

Marvin M. Amernick, Chief
Value, Special Programs and

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