HQ 0733657 - Country of the marking requirements for galvanized, coated Black Steel pipe; 19 U.S.C. 1304(c) - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0557044 - HQ 0733753 > HQ 0733657

HQ 733657

August 16, 1990

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

CATEGORY: MARKING

H. Kumei
Assistant to the General Manager
Traffic Administration Division
Sumitomo Corporation of America
345 Park Avenue
New York, New York 10154

RE: Country of the marking requirements for galvanized, coated Black Steel pipe; 19 U.S.C. 1304(c)

Dear Mr. Kumei:

This is in response to a request of a ruling on the country of origin marking requirements for galvanized, coated black steel pipe, whose inner diameter is in excess of 1.9 inches.

FACTS:

You have requested a ruling on country of origin marking requirements for galvanized, coated black steel pipe, whose inner diameter is in excess of 1.9 inches. A Federal Register Notice dated February 5, 1986, indicated the required alternative marking for coated pipe was paint stencilling or tagging of bundles or containers. However, you indicate that you were informed by our staff that paint stenciling is the required method of marking. You request ruling to clarify the marking requirements for coated steel pipe.

ISSUE:

What are the country of origin marking requirements for coated black steel pipe whose inner diameter is in excess of 1.9 inches?

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 State v. Friedlaender & Co., 27 C.C.P.A. 297 at 302.

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)).

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. T.D. 86-15 listed coated pipe as a specific type of pipe that is exempted from special marking requirements of 19 U.S.C. 1304(c)(1), and indicates that the required method of marking would be paint stencilling or tagging of bundles or containers.

However, subsequent to the issuance of T.D. 86-15, Congress enacted the second paragraph of section (c) of the marking statute, 19 U.S.C. 1304(c)(2). This paragraph allowed for an exception from marking by one of the four permanent methods of marking mentioned in the paragraph one if it was technically or commercially unfeasible to do so because of the nature of the article. The paragraph permits marking "by an equally permanent method of marking such as paint stenciling or in the case of small diameter pipe, tube, and fittings, by tagging the of bundles or containers."

The plain language of the statute indicates that Congress intended to allow country of origin marking by tagging of bundles only in cases of diameter pipe. In cases other than small diameter pipe, marking be must be accomplished by paint stenciling or a method equally as permanent and marking by tagging and bundling would be excluded. Customs has indicated in T.D. 86-15, that small diameter pipe is considered to have a inner diameter of 1.9 inches or less. Congress has thus overridden Customs determination to allow country of origin marking of coated pipe by tagging of bundles or containers for pipe with a diameter greater than 1.9 inches.

Therefore, the marking requirements for coated pipe with a diameter greater than 1.9 inches must be accomplished by paint stenciling or a method equally as permanent. Before an alternative method of country of origin marking could be used to mark of imported pipe, the Customs Service must approve it to be as equally permanent as paint stenciling.

HOLDING:

Country of origin marking on imported coated pipe with a inner diameter greater than 1.9 inches by tagging and bundling is unacceptable. The country of origin marking must be accomplished by paint stenciling or a method equally as permanent.

Sincerely,

Previous Ruling Next Ruling