NY 816409 - The country of origin marking of gate hardware - United States International Trade Commision Rulings

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NY 816409

November 22, 1995

MAR-2 R:N4:113 816409

CATEGORY: MARKING

Ms. Glenna E. Faulkner
Snug Cottage Imports, Inc.
R.R. 1
Hyde Park, Ontario, Canada N0M 1Z0

RE: The country of origin marking of gate hardware

Dear Ms. Faulkner:

This is in response to your letter dated October 10, 1995, requesting a ruling on whether the proposed marking "Made in UK" is an acceptable country of origin marking for imported gate hardware and spiked chain. A marked sample was not submitted with your letter for review.

The merchandise consists of a variety of traditional English hardware products. All of the items are used on gates. The list includes: double straps, strap hinges, gate holdbacks, drop bolts, gate latches, bolts and gate closers. Your request also includes spiked chain.

Marking of Hardware: You intend to package the hardware items in clear plastic bags. The bags will have a sticker on them with the words "Made in UK." During the telephone conversation, you mentioned also that you may instead pack a card, printed with the country of origin, in the bag. While the latter method may not be per se unacceptable, the marking statute insists that the marking remain legible and conspicuous until the merchandise reaches the ultimate consumer. A card packed inside a bag may be accidentally folded, or shift so that the marking is obscured by the items in the bag. Without more assurance that this cannot occur, we cannot rule this method to be acceptable.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. A permanent sticker is one such accepted method.

The proposed marking of imported gate hardware with a sticker on the outside of the bag, reading "Made in UK", is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported hardware. Marking of Chain: Regarding the chain, 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. As found in Subpart D, Section 134.41 of this regulation, it is suggested that metal articles be die sunk, molded in or etched, as marking requirements are best met by marking worked into the article at the time of manufacture.

The actual location of the marking is dependent upon the condition of the chain as imported. If the chain is sold in the same condition as imported, it is sufficient to mark the chain at one end. If the chain is to be cut to various lengths prior to, or at the time of sale to the ultimate purchaser, the marking must be placed at intervals of 6 to 10 feet or less. If the chain is to be cut to lengths of less than 6 to 10 feet, each piece must be marked.

With regard to variations of, or abbreviations for, the country of origin, it has been determined that the following are acceptable markings for Country of origin, England: "England", Great Britain", Gt. Britain, United Kingdom and U.K.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director

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