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HQ 734297


December 13, 1991

MAR-2-05 CO:R:C:V 734297 RSD

CATEGORY: MARKING

Mr. Wayne Minton
Vice President and General Manager
AMS Technologies
Buncher Commerce Park
Building 203C Avenue B
Youngwood, Pennsylvania 15697

RE: Country of origin marking requirements for longwall mining chain, vinyl stickers, tags, permanent; 19 CFR 134.41(b)

Dear Mr. Minton:

This is in response to your letter dated August 7, 1991, requesting a ruling on the country of origin marking requirements for imported longwall mining chain. We have also received your supplemental letter dated November 18, 1991, and the enclosed brochure explaining the product. In addition, you have also submitted samples of the vinyl labels with which you intend to mark the chain.

FACTS:

AMS Technologies imports longwall mining chain from the United Kingdom and sells it directly to mining companies in the U.S. for use in their mines. You indicate that this type of chain is not made in the U.S. and must be imported from the United Kingdom or Germany. The chain is very heavy.

Although the links in the chain are die-stamped "U.K.", as a result of the protective coating applied to the chain to prevent rust, the die-stamped markings are difficult to see. The protective coating turns the chain black and fills in the letters of the marking and makes it very difficult to read. Therefore, you want to have the chain marked to indicate its country of origin prior to importation by vinyl stickers. The vinyl stickers have an adhesive and will be affixed to the links throughout the entire length of the chain. The vinyl stickers are strips and have "MADE IN UK" printed on them in black letters approximately every inch.

You indicate that metal tags cannot be used because they would get caught in the mining machinery, which would damage the machinery and constitute a serious safety hazard. Removing the metal tags from the chain before it is installed onto a mining machine would be a time consuming and expensive process. In contrast, the vinyl tags could stay on the chain through its installation onto the mining machinery. You indicate that the vinyl stickers are weather proof and will remain on the chain until it reaches the mining companies.

The chain is imported in shipping containers which are marked U.K. It is then unpacked in the U.S., and attachments are often placed onto the chain. The chain is then repacked in new containers and sent to the mining companies. You have indicated that you also would be willing to mark the new containers with "MADE IN U.K."

ISSUE:

Does using a vinyl sticker to mark the country of origin of the longwall mining chain satisfy the requirements of the country of origin marking law?

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. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

As a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. For example, its suggested that the country of origin on metal articles be die sunk, molded in or etched. See 19 CFR 134.41. However, the Customs Service normally permits any reasonable method of marking that will remain on the article during handling until it reaches the ultimate purchaser. This includes the use of paper sticker or pressure sensitive labels and string tags. See HQ 703500, March 10, 1990. If paper stickers or pressure sensitive labels are used, section 134.44, Customs Regulations (19 CFR 134.44), provides that they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until delivered to the ultimate purchaser.

Customs has previously ruled that chain is required to be marked by some permanent means such as die-stamping or metal tags attached to the chain at 6 to 10 foot intervals or less. See 721119, February 3, 1983. In this case, the longwall mining chain is die-stamped with "U.K." to indicate its country of origin. Because the die-stamped marking will be difficult to read, you propose to use the vinyl adhesive sticker strips, which will be marked with "MADE IN UK" approximately every inch. Because the chain is die-stamped with its country of origin, and metal tags would represent a safety hazard or a time consuming and expensive process to remove, we find that marking with metal tags in this case is not necessary. Based on your representations that you sell the chain directly to the mining companies with the vinyl sticker strips attached throughout the length of the chain, we are satisfied that marking by this method is permanent enough to reach to the ultimate purchaser. In addition, we note that you have agreed to mark the containers that reach the mining companies with the country of origin of the chain. Accordingly, your proposed method of country of origin marking of the chain will inform the ultimate purchaser its country of origin and thus satisfies the requirements of 19 U.S.C. 1304. However, we have not fully tested the vinyl adhesive stickers or exposed them to the outdoor elements and we do not know how they will perform over time. If it is determined that these stickers are not remaining on the articles or they become unreadable before they reach the ultimate purchaser, a new method of marking would be required.

HOLDING:

The country of origin marking of longwall mining chain by adhesive vinyl stickers strips satisfies the requirements of 19 U.S.C. 1304.

Sincerely,

John Durant, Director
Commercial Rulings Division

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