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HQ 733531

August 3, 1990

MAR 2-05 CO:R:V:C 733531 RSD

CATEGORY: MARKING

Port Director of Customs
U.S. Border Station
San Ysidro, California 92073

RE: Internal advice #27/90; country of origin marking of threaded steel nipples; 19 U.S.C. 1304(c)(1): 19 U.S.C. 1304(C)(2); pipe marking

Dear Sir:

This is in response to your memorandum dated March 23, 1990, requesting internal advice on the country of origin marking of threaded steel nipples imported by Cohart Products Inc.

FACTS:

Pipe nipples are a type of tube or pipe fitting which are classifiable under heading 7307, Harmonized Tariff Schedule of the United States, covering tube or pipe fittings of iron or steel. Three different sizes of nipples were submitted. The nipples are fully threaded except for a very narrow band in the center of each nipple measuring approximately 1/8 of an inch wide. It appears from the sample that an attempt was made to mark the country of origin on the center bands of the nipples but the marking was cut off.

Cohart seeks a waiver from having to mark the country of origin on the threaded nipples, claiming that the marking would ruin the threading and reduce the quality of the product. In addition, it claims that marking the nipples would be cost prohibitive and marking them could cause injury to the machine operator.

ISSUE:

Whether threaded nipples are excepted from the country of origin marking requirements?

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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

Special country of origin marking requirements apply to the certain pipe and fittings. Specifically, section 207 of the Trade and Tariff Act of 1984 (19 U.S.C. 1304(c)) requires that pipe and pipe fittings of iron or steel be marked to indicate the country of origin of the article by means of die stamping, cast- in-mold lettering, etching, or engraving. This provision further states that no exception from these marking requirements may be made under 19 U.S.C. 1304 (a)(3) for pipe and pipe fittings. However, if, because of the nature of an article, it is technically or commercially infeasible to mark it by one of the four methods specified, the article may be marked by an equally permanent method of marking such as paint stencilling or, in case of small diameter pipe, tube, and fittings by tagging the bundles (19 U.S.C. 1304(c)(2)). The submitted samples which are classifiable as tube or pipe fittings of iron or steel under HTS heading 7307 are subject to the requirements of 19 U.S.C. 1304(c).

Customs has determined that certain pipe and pipe fittings of iron or steel cannot be marked with the country of origin by any of the four methods prescribed in 19 U.S.C. 1304(c)(1) without rendering such articles unfit for the purpose for which they were intended or without violating applicable industry standards. Therefore, these categories of articles were exempted from these marking requirements. See T.D.86-15 which lists and describes the exempted articles and sets forth alternative acceptable methods for marking. The steel pipe nipples which are the subject of this ruling are not one of the categories of articles specially exempted. Therefore, the pipe nipples must be marked by means of die stamping, cast-in-mold lettering, etching or engraving unless it is shown that it is technically or commercially infeasible to do so.

We contacted Paula Ilardi, the Customs National Import Specialist for steel products for an evaluation of this case. She in turn contacted an expert in the steel pipe industry who advised that die stamping the nipples could result in high risk of injury to the machine operator. However, the expert further indicated that country of origin marking could be placed permanently on the center band of the nipples by acid etching. This method could be done safely, without damaging the integrity of the nipples, although it could be time consuming. Ms. Ilardi concurs in this assessment. The statute, however, exempts only those articles for which it is technically or commercially infeasible to mark by one of the statutory methods, not those for which the marking may be a time consuming process. Accordingly, we find that the steel pipe nipples may be permanently marked on the center band by one of the statutory methods listed in 19 U.S.C. 1304(c), acid etching.

Holding:

The steel threaded pipe nipples can be marked with the country of origin safely without damaging the product by acid etching on the center band of the nipples. The nipples therefore, are subject to the requirements of 19 U.S.C 1304

Sincerely,

Marvin M. Amernick

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