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HQ 733656


August 10, 1990

MAR-2-05 CO:R:V:C 733656 RSD

CATEGORY: MARKING

Ms. MaryBeth Gilman
The American Historical Foundation
1142 West Grace Street
Richmond, Virginia 23220

RE: Country of origin marking on commemorative collectible firearms; 19 CFR 134.41(b), 19 CFR 134.46

Dear Ms. Gilman:

This is in response to your letter dated April 25, 1990, requesting a ruling on the country of origin of certain replica firearms manufactured in Italy.

FACTS:

The American Historical Foundation (Foundation) is a privately owned corporation dealing in commemorative collectible firearms. The commemorative firearms and knives are sold to members and the public through media advertising.

The firearms to be imported are replicas of 1) Colt black powder revolvers models 1851 Navy and 1847 Walker (gold plated) and 2) Henry repeating rifles Constitution model (brass plated), Jefferson Davis model (silver plated), and Abraham Lincoln model (gold plated). These guns are replicas of historical guns and are fully capable of firing ammunition. The rifles and the revolvers are handcrafted and elaborately engraved. In lieu of samples of these firearms, the Foundation furnished drawings to show their proposal for the country of origin marking of the firearms. In addition, the Foundation submitted sales literature including photographs of the guns.

The lever action Henry rifles have the country of origin marking on the bottom of the frame which is hidden by the finger lever. The marking is as follows:

CAT 1559 Houston Texas AL 250
A. Uberti-Italy

The revolvers are also marked on bottom of the barrel underneath a loading lever. The marking reads "CAL 36 Black POWDER ONLY AUBERTI-ITALY" on the 1851 navy revolvers and "CAL 44 BLACK POWDER ONLY AUBERTI-ITALY" on the 1847 Walker revolvers. The Foundation has indicated that it is reluctant to stamp the word Italy in a more prominent location because it may detract from the historical reproductions and their artistic quality. However, the Foundation has indicated that it would attach string hang tags to present country of origin marking for the guns.

ISSUES:

Does country of origin marking on collectible commemorative guns with the addition of a string hang tag satisfy the requirements of 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, C.A.D. 104 (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, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears (HQ 708994, dated April 24, 1978). The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.

The country of origin marking on the barrel on the frame of the rifles and the revolvers is not easily found because it is obscured by the loading leaver. The marking on the guns will not readily be seen by the ultimate without pulling down the loading lever. Accordingly, we find the proposed country of origin markings on the guns are not conspicuous. However, the Foundation has indicated that it would also attach string hang tags to the guns to present the country of origin of the firearms. Without seeing a sample of the hang tag and how it will be placed on the guns, we are not able to determine whether the country of origin marking would be sufficiently permanent, conspicuous, and legible to satisfy the requirements of 19 U.S.C. 1304. However, if the hang tag is substantial and the country of origin marking is conspicuous and legible, then the country of origin marking on the gun combined with the addition of the country of origin marking on the hang tag would be acceptable under 19 U.S.C. 1304. Section 134.41(b) Customs Regulations (19 CFR 134.41(b)) requires that the degree of permanence should be at least sufficient to insure that in any reasonable foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling.

We also note that since the name of a U.S. city, Houston, Texas, appears on the Henry Rifles, the requirements of 19 CFR 134.46 are triggered. Therefore, the country of origin must be marked permanently and legibly in close proximity to the name of the U.S. city in at least comparable sized letters preceded by "Made In," "Product Of" or other words of similar meaning on the Henry Rifles.

In addition, you should be aware that the Bureau of Alcohol, Tobacco and Firearms has further marking requirements for the importation of firearms. If you need information regarding these marking requirements please contact the Bureau of Alcohol, Tobacco and Firearms, Washington, D.C. 20226.

HOLDING:

The country of origin marking on the frame of the rifles and the barrel of the revolvers is not conspicuous because it is obscured by the loading lever and is not easily found without removing a part of the gun. The addition of a hang tag to indicate the country of origin would be acceptable to satisfy the requirement of 19 U.S.C. 1304 provided that the hang tag is sufficiently permanent and the marking is conspicuous and legible. Because a name of a U.S. city, is on the Henry rifles the requirements of 19 CFR 134.46 is invoked. The words "Made In," Product Of," or other words of similar meaning must precede the country of origin marking. The country of origin marking on the Henry rifles otherwise satisfies the remaining requirements of 19 CFR 134.46.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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