HQ 0735201 - Country of origin marking of imported cast iron soil pipes paint stenciled with the word "Canada"; pipes; paint stenciling of cast iron pipes; T.D. 86-15; 19 U.S.C. 1304(c); Marking technically or commercially infeasible. - United States International Trade Commision Rulings

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HQ 735201

September 28, 1993

Mar-2-05 CO:R:C:V 735201 AT

CATEGORY: MARKING

Mr. Greg J. Gasher
Border Brokerage Company
P.O. Box B
Blaine, Washington 98230

RE: Country of origin marking of imported cast iron soil pipes paint stenciled with the word "Canada"; pipes; paint stenciling of cast iron pipes; T.D. 86-15; 19 U.S.C. 1304(c); Marking technically or commercially infeasible.

Dear Mr. Gasher:

This is in response to your letters dated June 7 and 16, 1993, on behalf of Titan Foundry Ltd. ("Titan"), requesting a ruling on the country of origin marking of large diameter cast iron soil pipes which Titan imports from Canada. A marked sample pipe, brochure and literature of Titan's product were submitted with your letters.

FACTS:

You state that Titan imports large diameter cast iron soil pipe, ranging from approximately 2 inches to 10 inches in diameter, from Canada. The pipes are manufactured in the following manner:

Hubless cast iron pipe is spun in a flask, rotating at speeds of 1500 to 1800 RPM. Within the tapered barrel of the flask, the molten iron flows onto a bed of slurry which provides a total one thousandth of an inch isolation space between the molten cast iron pipe and the spinning flask. The flask is tapered, with the largest end receiving the extraction lance which removes the cherry red pipe from the flask. Molten iron equal to the weight is poured into the spinning flask at approximately 2550 F. An end plate installed as a closer at the opposite end of the pipe stops the iron from running out. The centrifugal force of the spinning throws the iron around the walls of the flask mold and insures uniform pipe thickness. The iron is allowed to solidify over 30 to 40 seconds, and cools to cherry red at about 1400 F. At this point, the lance enters the barrel and extracts the pipe from the mold. Critical to the success of hubless pipe manufacture is a smooth, unbroken surface between the molten pipe and the slurry coated flask. Without this smooth surface, extraction of the pipe is impossible. The pipes are then dipped in an asphaltic mix to inhibit rust.

The pipes are paint stenciled and conspicuously marked with the word "Canada" in silver white lettering approximately 64 point (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 inch), along with its size and ASTM designation, repeating every two feet along the entire length of the pipe. Titan claims that the large cast iron soil pipes cannot be marked by any of the four required methods provided in T.D. 86-15 (February 5, 1986), and therefore can only be marked with their origin by paint stenciling.

Titan states that marking the cast iron pipes by cast in mold lettering is not a viable method because of the spinning process used in manufacturing the cast iron soil pipe. Also, if cast in mold lettering was used it would probably be impossible to remove the pipe from the mold.

Titan also states that because of the pipe's high carbon content it is far too brittle to withstand the shock of die stamping. A single hammer blow with a ball peen hammer is enough to shatter the pipe. Once stamped, the pipe would either immediately crack or its structural integrity would be affected upon its use.

With respect to engraving or etching the pipe, Titan states that although it may be possible to mark by this method, it is impractical. The wall thickness currently expounded 2/16 to 3/16 of an inch makes it highly unlikely that a shallow engraving/ etching would be visible once the pipe is coated in the asphaltic dip and any deep penetration of the pipe could cause cracking in the pipe. In addition, straight edge cutting would be impeded using a snap cutter.

Based on these considerations, you assert that the large cast iron soil pipes can only be marked with their country of origin by paint stenciling and that an exception from the four prescribed methods of marking pipes provided in T.D. 86-15 is warranted.

ISSUE:

Whether marking large cast iron soil pipes with their country of origin by means of paint stenciling the word "Canada" satisfies the marking requirements of 19 U.S.C. 1304(c)? 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).

Section 207 of the Trade and Tariff Act of 1984, (Pub. L. 98-573), amended 19 U.S.C. 1304 to require, without exception, that all pipe, tube, and pipe fittings of iron or steel be marked to indicate the proper country of origin by means of cast-in- mold lettering, die stamping, etching or engraving. 19 U.S.C. 1304(c). However, after the enactment of Section 207, it was brought to the attention of Customs that certain pipe and pipe fittings of iron or steel cannot be marked by any of the methods prescribed by the section without rendering such articles unfit for the purpose for which they were intended. Customs solicited comments on this subject, and issued T.D. 86-15 (February 5, 1986), setting forth certain categories of articles which may be marked by alternative methods. For certain categories of articles, paint stenciling was the requisite method. For other categories, paint stenciling or tagging of the bundles or the containers was permitted. These categories of articles are described in detail in T.D. 86-15.

In 1986, Congress enacted Pub. L. 99-514 which amended 19 U.S.C. 1304(c) to authorize alternative methods of marking for pipe, tubes and fittings if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the four prescribed methods. This amendment, codified at 19 U.S.C. 1304(c)(2), provides that in such case, "the article may be marked by an equally permanent method of marking such as paint stenciling or in the case of small diameter pipe tube or fittings, by tagging the containers or bundles." In this case, you have provided extensive support for your position that the cast iron pipes cannot be marked by the four prescribed methods, and therefore can only be marked by paint stenciling. We have been advised by our Technical Branch, Operations Division, Office of Laboratories & Scientific by a memorandum dated September 8, 1993, that because of the character and nature of the subject cast iron soil pipes, marking the pipes by the four prescribed methods is technically infeasible. Also, with respect to engraving or etching the pipes with the country of origin, the Technical Branch informs that although it is possible to mark the pipes by this method it is commercially infeasible since the wall thickness currently expounded 2/16 to 3/16 of an inch makes it highly unlikely that a shallow engraving/etching would be visible once the pipe is coated in the asphaltic dip, and any deep penetration of the pipe could cause cracking in the pipe. Based on these considerations, the Technical Branch recommends that paint stenciling of the pipes be allowed as an alternative method of marking in accordance with 19 U.S.C. 1304(c)(2). Accordingly, we find that marking the large cast iron soil pipes by paint stenciling the word "Canada" in the manner described above satisfies the marking requirements of 19 U.S.C. 1304(c) and is an acceptable country of origin marking for the imported large cast iron soil pipes.

HOLDING:

The large cast iron soil pipes (ranging from approximately 2 to 10 inches in diameter) that Titan is importing, because of the nature of the pipes, are technically or commercially infeasible to mark by one of the four prescribed methods provided in 19 U.S.C. 1304(c). Accordingly, paint stenciling the pipes with the word "Canada" in the manner described above satisfies the requirements of 19 U.S.C. 1304(c) and is an acceptable country of origin marking for the pipes.

Sincerely,

John Durant, Director

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