HQ 5170 - Country of origin marking for Shotguns; 19 CFR 134.46. - United States International Trade Commision Rulings

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HQ 735170

February 3, 1994

MAR-2-05 CO:R:C:V 735170 RC

CATEGORY: MARKING

Mr. Stephen Otway
Heckler & Koch, Inc.
21480 Pacific Boulevard
Sterling, Virginia 20166-8903

RE: Country of origin marking for Shotguns; 19 CFR 134.46.

Dear Mr. Otway:

This is in response to your letter dated May 6, 1993, requesting a ruling on the country of origin marking requirements for shotguns manufactured in Italy and imported into the U.S.

FACTS:

You submitted drawings drafted to depict the country of origin markings, in actual sizes, as they will appear on 8 different Italian shotguns. The markings are as follows: (1) 12 GA.-BLACK EAGLE-BENELLI-ITALY, (2) HECKLER & KOCH, INC.-STERLING, VA-MADE IN ITALY, (3) 12 GA.-MONTEFEL TRO SUPER 90-BENELLI-ITALY, (4) 20 GA.-MONTEFEL TRO SUPER 90-BENELLI-ITALY, (5) 12 GA.-MONTEFEL TRO SUPER 90 LH-BENELLI-ITALY, (6) 12 GA.-M1 SUPER 90-BENELLI-ITALY, (7) 12 GA.-M3 SUPER 90-BENELLI-ITALY, (8) 12 GA.-COMPETITION-BENELLI-ITALY. Your representative, Charles Sunderlin, brought and returned samples submitted for our inspection on January 26, 1993. You will roll-mark the guns.

ISSUE:

Whether the proposed markings satisfy the requirements of 19 CFR 134.46.

LAW AND ANALYSIS:

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin or its container imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article or its 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.

According to 19 CFR 134.46, if letters or words indicating the name of a country or locality other than the country of origin appear on an article imported into the U.S., the name of the country of origin must appear "in at least comparable size" and "in close proximity" to such letters or words. Customs has ruled that in order to satisfy the "close proximity" requirement of 19 CFR Section 134.46, the country of origin marking must appear on the same side or sides, surface or surfaces, in which the name of the locality other than the country of origin appears. See HQ 708994 (April 24, 1978).

Here, the marking on each shotgun is stamped into the metal utilizing a roll-marking method and can be easily found upon casual inspection. Each marking appears in a conspicuous place as legibly, indelibly, and permanently as the nature of the article or its 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 requirements of 19 CFR 134.46 are also met in that any reference to "STERLING, VA" is followed by the words "MADE IN ITALY" in comparable size lettering.

HOLDING:

The country of origin marking on each submitted sample shotgun is sufficient to meet the requirements of 19 U.S.C. Section 1304 and Part 134, Customs Regulations.

Sincerely,

John Durant, Director
Commercial Rulings Division

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