HQ 0735062 - Country of origin marking of agricultural harvesting knives; 19 CFR 134.41(b); conspicuous - United States International Trade Commision Rulings

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HQ 735062

August 17, 1993

Mar-2-05 CO:R:C:V 735062 AT

CATEGORY: MARKING

Mr. Dennis Millard
Adcock Manufacturing Corporation
1550 West 132nd Street
Gardena, California 90249

RE: Country of origin marking of agricultural harvesting knives; 19 CFR 134.41(b); conspicuous

Dear Mr. Millard:

This is in response to your letter dated March 22, 1993, requesting a ruling on the country of origin marking of agricultural harvesting knives which your company intends to import from China. Samples with the proposed markings were submitted with your letter.

FACTS:

Adcock Manufacturing Corporation intends to import agricultural harvesting knives from China. We assume that the knives are made in China. All the sample knives have the words "China" molded into the handle in letters approximately 9 point type (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). No other markings appear on the knives. You have requested a determination as to whether the proposed method of marking is acceptable.

ISSUE:

Whether the country of origin marking described above satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134? 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(b), Customs Regulations (19 CFR 134.41(b)), 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.

In HQ 733940 (October 24, 1991), Customs set forth some factors to be considered in determining if the country of origin marking on imported pens was conspicuous within the meaning of 19 CFR 134.41 and 19 U.S.C. 1304. Customs stated that among the factors to be considered was the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. Customs also stated that the size of the marking should be large enough so that the ultimate purchaser can easily see the marking without strain. The location of the marking should be in a place where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a casual inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting letters to the background. The legibility of the marking is determined by the clarity of the letters and whether the ultimate purchaser could read the letters of the marking without strain. Furthermore, Customs said that no single factor should be considered conclusive by itself in determining whether a marking meets the conspicuous requirement of 19 CFR 134.41 and 19 U.S.C. 1304. Instead, it is the combination of these factors which determines whether the marking is acceptable. In applying these factors to the sample harvesting knives, we first find that the origin marking "China" which appears on the handle of each knife is easily noticeable from a casual inspection of the article. Although the country of origin marking is not in a contrasting color, nevertheless, it can be easily seen since the size of the lettering is 9 point type. Also, the word "China" molded into the handle of each sample knife is clear and can be easily read without strain. Considering the above factors together, we find that the country of origin marking on the sample harvesting knives satisfies the conspicuousness requirement of 19 CFR 134.41 and 19 U.S.C. 1304.

Pursuant to 19 CFR 134.43, certain specified articles, including knives, shall be marked legibly and conspicuously by die stamping, cast-in-mold lettering, etching, engraving or by means of metal plates. The sample knives are marked by means of lettering molded into the handle and satisfy these special marking requirements. There is no requirement that the country of origin marking must appear on the blades themselves, only that the article be conspicuously marked as we have determined above.

HOLDING:

The proposed country of origin marking on the submitted sample agricultural harvesting knives as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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