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HQ 734104

September 3, 1991

MAR-2-05 CO:R:C:V 734104 RSD

CATEGORY: MARKING

Mr. K.V. Nielson
Vice President
Anvil Products
910 Sheraton Drive, Suite 410
Mars, Pennsylvania 16406

RE: Country of origin marking requirements for hose fittings and tube fittings, 19 U.S.C. 1304(c), Section 207 of Trade & Tariff Act of 1984, 19 CFR 134.32(d)

Dear Mr. Nielson:

This is in reply to your letter of November 20, 1990, requesting the country of origin marking requirements and classification for steel hose fittings, under the Harmonize Tariff Schedule of the United States Annotated (HTSUSA). The classification decision was issued on March 26, 1991, in HQ 008393. This ruling will address the country of origin marking requirements.

FACTS:

Anvil Products imports black and galvanized steel hose fittings made in Canada. These fittings are used to connect or join various types of hose. The containers in which they are imported are labeled "Made in Canada." We determined in HQ 008393 that the hose fittings are classifiable under heading 7325, HTSUSA, which provides for "other articles of iron or steel." In addition, you inquired about steel fittings for PVC plastic pipe. We determined in HQ 008393 that these articles are properly classifiable in heading 7307, HTSUSA, which provides for tube or pipe fittings of iron or steel.

ISSUE:

Whether the imported steel hose fittings and the steel fittings for PVC plastic pipe are subject to the special marking requirements of 19 U.S.C. 1304(c) for pipe, tubes, and pipe fittings of iron or steel?
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 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 provides that no exception from these marking requirements may be made under 19 U.S.C. 1304 (a)(3) for these products. 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)).

Customs has determined that the requirements of 19 U.S.C. 1304(c) are applicable to the those articles which are considered for classification purposes pipes, pipe fittings, or tube fittings of iron and steel. See T.D. 86-15. With respect to the "hose fittings" described above, because they are classified as other articles of iron or steel and not as pipe or tube fittings, these article are not subject to the special marking requirements of section 207. However, they must be marked to indicate their country of origin in accordance with the general requirements of 19 U.S.C. 1304. In other words, the articles must be marked conspicuously, legibly, and permanently to indicate their country of origin. An exception to marking an article is provided for in 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d), if marking of a container for the article will reasonably indicate the origin of the article. For this exception to apply, the articles must be imported in cartons which are marked to indicate the country of origin and the district director at the port of entry must be satisfied that these cartons will reach the ultimate purchaser unopened.

In the case of the metal pipe fittings for PVC plastic pipe, because they are classified under heading 7307, HTSUSA, which provides for tube or pipe fittings of iron or steel, they are subject to the special marking requirements of section 207. These articles must be marked to indicate their country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving. Because 19 U.S.C. 1304(c) also does not permit any exception to marking based on any of the exceptions listed in 19 U.S.C. 1304(a)(3), these articles cannot be excepted from marking based on 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d) for marking the containers rather than the articles themselves.

HOLDING:

Because the hose fittings are not classified as pipe or tube fittings, they are not subject to the special marking requirements of 19 U.S.C. 1304(c). They must be conspicuously, permanently, and legibly marked to indicate their country of origin in accordance with the requirements of the 19 U.S.C. 1304.

Because the metal pipe fittings for the PVC plastic pipe are classified as tube or pipe fittings of iron or steel, they are subject to the special marking requirements of 19 U.S.C. 1304(c). They must be marked to indicate their country of origin by means of die-stamping, cast-in-mold lettering, etching or engraving. The marking of the container in lieu of the article itself is not acceptable.

Sincerely,

John Durant, Director

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