NY C83347 - COUNTRY OF ORIGIN MARKING OF IMPORTED FENCE COMPONENTS. - United States International Trade Commision Rulings

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NY C83347

February 13, 1998

MAR-2 RR:NC:SP:221 C83347

CATEGORY: MARKING

Mr. David H. Lawrence
The Outdoor Advantage Inc.
170 Hickory Ridge
Columbus, MS 39701

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FENCE COMPONENTS.

Dear Mr. Lawrence:

This is in response to your letter dated January 2, 1998, requesting a ruling on whether the proposed method of marking the container in which fence rails and posts are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported fence components. A marked sample container was not submitted with your letter for review.

The components consist of rails and posts, of plastics, used as fencing. The rail is hollow and measures 1 1/2 inches by 5 1/2 inches by 16 feet long. The post is hollow and measures 5 inches square by 7 feet long. You propose marking the components with the country of origin on the bundle wrapper in which they are shipped. You state that the wrapper remains intact until delivered to the end user in the United States. You also state that if the rails and posts are shipped without a bundle wrapper, you would place a label on the inside of each item indicating the country of origin.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the fence components is the consumer who purchases the product at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the components will remain in their container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the fence components by viewing the container in which they are packaged, the individual rails and posts would be excepted from marking under this provision.

Rails and posts which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the rails and posts are imported and sold to the ultimate purchaser in lieu of marking the components themselves is an acceptable country of origin marking for the imported rails and posts provided the port director is satisfied that they will remain in the marked container until it reaches the ultimate purchaser.

You have not submitted a sample of the proposed marking for the rails and posts which are shipped without a bundle wrapper. The label on the individual components would be considered acceptable as long as the components are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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