HQ 0734484 - Country of origin marking of a hunting knife and a fillet knife; 19 CFR 134.24(d); unsealed disposable containers; 19 CFR 134.43. - United States International Trade Commision Rulings

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HQ 734484

July 17, 1992

MAR-2-05 CO:R:C:V 734484 KR

CATEGORY: MARKING

Ms. Ruby L. Wood ATTY FACT
Evans And Wood & Co., Inc.
P.O. Box 610005
Dallas Fort Worth Airport, TX 75261

RE: Country of origin marking of a hunting knife and a fillet knife; 19 CFR 134.24(d); unsealed disposable containers; 19 CFR 134.43.

Dear Ms. Wood:

This is in response to your letter received on February 3, 1992, requesting a country of origin ruling on behalf of your client, B & F Systems, regarding a hunting knife and a fillet knife which you intend to import from Japan. A sample of each knife each with a sheath and an unsealed carton was submitted for examination. This ruling will apply only to the knives described infra.

FACTS:

You intend to import two models of knives both of which are made in Japan. A hunting knife, model SKMX1 is imported with "MAXAM JAPAN-S" engraved in the blade. A fillet knife, model SKFM1 is imported with "1087-M JAPAN" engraved in the blade. The knives are inside a simulated leather sheath. The knife and sheath are imported inside an unsealed cardboard carton. "JAPAN" appears on the bottom flap of the carton with the model number of the hunting knife. "MADE IN JAPAN" appears with the model number on the bottom flap of the carton of the fillet knife. Pictures of each knife outside of its sheath appears on the back of its respective carton.

You state that you believe the country of origin marking on the cartons satisfies Customs regulations. However, you also state, that in the alternative, the carton is not sealed and the consumer will open the carton and inspect the knife itself. Since the country of origin marking is engraved in the blade of the knife you believe this is sufficient to satisfy Customs marking regulations.

ISSUE:

Whether the country of origin marking on the knives satisfies the country of origin marking requirements of 19 U.S.C. 1304 and if not, whether the cartons containing the knives are adequately marked by placing "JAPAN" or "MADE IN JAPAN" on the bottom flap..

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. The Court of International Trade stated in Koru North America v. United States, 701 F. Supp. 229, 12 CIT 1120 (CIT 1988), that "in ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved." The purpose of the marking statute is outlined in United States v. Frielaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended 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."

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.

Section 134.1(d), Customs Regulations, (19 CFR 134.1(d)), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. The hunter or fisherman is the ultimate purchaser in this situation.

Knives are specifically addressed in the regulations. 19 CFR 134.43 requires knives to be "marked legibly and conspicuously by die stamping, cast-in-the-mold lettering, etching (acid or electrolytic), engraving, or by means of metal plates...."

In HQ 734063 (May 21, 1991), Customs held that pursuant to 19 CFR 134.24(d), if the "unsealed disposable containers of imported merchandise ... is normally opened by the ultimate purchaser prior to purchase, only the article need be marked." See also, HQ 732271 (April 27, 1990). We stated that some of the factors to look at to determine if the article involved is something that the ultimate purchaser would remove from its carton to inspect prior to purchase were:

1. Whether a prospective purchaser will want to remove the article from its container to inspect it to find out exactly what he or she may be buying; and

2. Whether the article is the type which a prospective purchaser would be likely to remove from its container in order to examine it prior to purchase to see if it was broken or chipped.

In C.S.D. 80-32 (July 10, 1979), Customs ruled that the ultimate purchaser would normally remove the knife in that case from its sheath to examine the blade itself and, therefore, the sheath did not have to be marked because the blade was marked. See also, HQ 731544 (May 16, 1989). We find the same reasoning to be persuasive in this case. These are specialized knives made for specific activities. We find that the ultimate purchaser would normally remove the knives from the unsealed cartons and sheaths to inspect the knives. The country of origin marking appears on the knife itself and is sufficient to satisfy the requirements of 19 U.S.C. 1304, and 19 CFR 134.43. Assuming the unsealed cartons contain no misleading markings (such as a U.S. address) the marking of the knives alone is sufficient. As such, we make no finding regarding the conspicuousness of the country of origin marking on the containers.

HOLDING:

The ultimate purchasers of the knives will normally remove the knives from the unsealed cartons and sheaths to inspect the knives. Therefore, marking the blade with the country of origin will satisfy Customs marking requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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