HQ 0733521 - Country of origin marking requirements for metal shelving systems; 19 CFR 134.41(b) - United States International Trade Commision Rulings

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HQ 733521

August 6, 1990

MAR-2-05 CO:R:V:C 733521 RSD

CATEGORY: MARKING

Robert Snoey, General Manager
Metalsistem USA, Inc.
615 West Johnson Avenue, Suite 202
Cheshire, Connecticut 06410-1125

RE: Country of origin marking requirements for metal shelving systems; 19 CFR 134.41(b)

Dear Mr. Snoey:

This is in response to your letters dated April 30, 1990, and July 9, 1990, requesting a ruling on the country of origin marking requirements of metal shelves systems.

FACTS:

Metalsistem USA, Inc., imports metal shelving systems from Italy. The system will be sold to various companies who have a storage room or warehouse. The system consists of 4 (or more) uprights, 8 space bars, 8 beams, and 4 shelves. The manufacturer has proposed to engrave the uprights in distances of 20 inches apart, with "Metalsistem Italy", or "Metalsistem Made in Italy". The shelving system is always installed by Metalsistem and the parts are not sold separately and do not come in a box. A sample of the upright with its country of origin marking was submitted.

ISSUE:

Is engraving the country of origin marking on uprights on a metal shelving system at 20 inch intervals acceptable?

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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S, is able to find the marking easily and read it without strain. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

We find that the proposed method of marking the metal shelving systems by engraving would be sufficiently permanent to satisfy the requirements of 19 U.S.C. 1304. Based on the sample submitted, we further find that the lettering is clear and large enough that the ultimate purchaser would be able to read the marking without strain. In addition, the country of origin marking every 20 inches on the upright of the shelving system is also acceptable. With regard to the wording, we find that "Metalsistem Made in Italy" clearly indicates the country of origin and is acceptable. Assuming "Metalsistem Italy" is the not the name of the manufacturer, it too is acceptable wording. See HQ 732652, June 20, 1990 (A company name which includes the name of the country of origin does not satisfy the requirement of 19 U.S.C. 1304 to indicate the country of origin).

HOLDING:

The proposed country of origin marking on metal shelving systems by engraving "Metalsistem Made in Italy" on the uprights every 20 inches would satisfy the requirements of 19 U.S.C. 1304. Assuming that "Metalsistem Italy" is not the name of the manufacturer of the shelving systems, then it is also acceptable wording for indicating the country of origin.

Sincerely,

Marvin M. Amernick

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