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HQ 733660
October 1, 1990

MAR-2-05 CO:R:C:V 733660 KG

CATEGORY: MARKING

Mr. Kenneth Bowmer
Sysma Inc.
3218 Twig Road
Richfield, Ohio 44286

RE: Country of origin marking of imported stainless steel fittings for lifting slings; wire rope fittings; C.S.D. 87-9.

Dear Mr. Bowmer:

This is in response to your letters of July 19, and September 17, 1990, requesting a country of origin ruling regarding imported stainless steel fittings for lifting slings. You also submitted two samples and a catalogue.

FACTS:

You import stainless steel wire rope fittings for use in specialized areas in the chemical, construction, water treatment and marine associated industries. A sample clevis grab hook with suggested adhesive labels affixed was submitted for examination with your letter of July 19. This sample is painted yellow and has the markings "CL5:6/8" and "T 6.8 FF CL O N" along it. You state that you have started to modify the die sets which are used to manufacture the products but that due to the quantity of dies to be modified, it will take about two years to complete the modification. In the meantime, you propose to mark the imported fittings with silver adhesive paper labels. You argue that stamping of the fitting is not possible because an indentation in the surface of the product will cause a "stress raiser" affecting detrimentally the performance of the product and because some products in the range are too small or have too little flat surface on them to effectively stamp the required legend. Because the products are normally painted, you assert that etching cannot be used.

A second sample submitted on September 17, 1990, is marked with the country of origin stamped into the surface of the fitting. The lettering is about 1/4 inch in height and legible. The phrase "Made in" is stamped on one side of the fitting and the word "France" appears on the other side.

ISSUE:

What is an acceptable country of origin marking for these stainless steel wire rope fittings?

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.

Customs ruled in C.S.D. 87-9 (March 3, 1987), that paper labels or paper tags will not constitute acceptable country of origin marking of steel wire rope fittings and other steel fittings, including clevis grab hooks, unless the importer can demonstrate that the product cannot be marked by any other means.

Pursuant to our discussions with you, a second sample was submitted which is marked with the country of origin stamped into the fitting. The lettering is legible, permanent and can be read without strain as required by 19 CFR 134.41. Further, it is worked into the imported article which is suggested as the preferred method of marking in 19 CFR 134.41. Since you have demonstrated that another means of marking is possible, the first sample submitted, which was marked with a paper adhesive label, is not acceptable. However, the second sample submitted is legible and permanent. We find that the second sample satisfies the country of origin marking requirements.

HOLDING:

The second sample submitted, which has the country name "France" stamped into the fitting, satisfies the country of origin marking requirements.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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