HQ 0734572 - Country of Origin Marking of Imported Double Stencilled Steel Pipe; 19 U.S.C. 1304(c); T.D. 86-15. - 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 0734548 - HQ 0734681 > HQ 0734572

HQ 734572
June 19, 1992

MAR-2-05 CO:R:C:V 734572 ER

CATEGORY: MARKING

Mr. S. E. Whalen
Supervisor, Trade and Tariff Affairs
Government Relations
Stelco Inc.
General Office, Stelco Tower
Hamilton, Ontario LBN 3T1

RE: Country of Origin Marking of Imported Double Stencilled Steel Pipe; 19 U.S.C. 1304(c); T.D. 86-15.

Dear Mr. Whalen:

This is in response to your letter of April 3, 1992, in which you request a ruling regarding the country of origin marking requirements for imported double stencilled steel pipe.

FACTS:

The pipe would be produced to meet the American Petroleum Institute ("API") high test line pipe specification 5L - grade X42. The pipe also meets the American Society of Testing and Materials ("ASTM") specification for standard pipe A53 - grade B, which is somewhat less demanding in terms of minimum yield strength. The minimum yield specified for ASTM A53 - grade B is 35,000 p.s.i. and the minimum for API 5L - X42 is 42,000 p.s.i.

You propose to stencil both grade designations on each pipe which can be supplied in response to an order for either one. No details were provided regarding where the pipe is imported from. You propose to mark the pipe with country of origin and grade by means of paint stencilling.

ISSUE:

What are the country of origin marking requirements for double stencilled steel pipe?

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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

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)) generally 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, case-in-mold lettering, etching, or engraving. As originally drafted, this proviso stated that no exception from these marking requirements may be made under 19 U.S.C. 1304(a)(3). However, Customs determined that various categories of pipe and pipe fittings steel cannot be marked with the country of origin by any of the four methods prescribed in 19 U.S.C. 1304(c), without rendering such articles unfit for the purpose for which they were intended or without violating applicable industry standards. Therefore, Customs approved alternative methods of marking these categories of articles (See T.D. 86-15, published in the Federal Register on February 5, 1986, Vol. 51 No. 24, which lists and describes the exempted articles and sets forth alternative acceptable methods for marking.) T.D. 86-15 specifies that high-test line pipe meeting API specifications (or equivalent mill specifications) 5L grades X42 and higher, may be marked by paint stencilling.

Subsequent to the issuance of T.D. 86-15, 19 U.S.C. 1304(c) was amended to include certain instances in which alternative methods of marking would be permitted. Specifically, 19 U.S.C. 1304(c)(2) now provides that if, because of the nature of an article it is technically or commercially infeasible to mark by one of the four specified methods, the article may be marked by an equally permanent method of marking such as paint stencilling or, in the case of small diameter pipe, tube, and fittings, by tagging the containers or bundles.

Customs has determined that for types of pipe or tube not mentioned in T.D. 86-15, in order to mark the country of origin by paint stenciling, it must be established to the satisfaction of Customs, that it is technically or commercially infeasible to mark by one of the four statutory methods.

In the instant case, the double stencilled steel pipe meets the API line pipe specification 5L - X42 which is set forth in 86-15 as one of the types of line pipe which is entitled to be marked with country of origin by means of paint stencilling. The pipe also meets certain ASTM specifications, described more fully above.

HOLDING:

Double stencilled steel pipe meeting the API line pipe specification 5L - X42, described in T.D. 86-15, and which also meets the ASTM specification for standard pipe A53 - grade B, may be marked with country of origin by means of paint stencilling.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling