NY D89491 - THE COUNTRY OF ORIGIN MARKING OF SCISSORS FROM CHINA. - United States International Trade Commision Rulings

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March 24, 1999

MAR-2 RR:NC: 115 D89491

CATEGORY: MARKING

Ms. Lisa Chastain
Fritz Companies, Inc.
3930 W 29 Street Suite #5
Wichita, Ks. 67217

RE: THE COUNTRY OF ORIGIN MARKING OF SCISSORS FROM CHINA.

Dear Ms. Chastain:

This is in response to your letter dated March 16, 1999 requesting a ruling on whether the proposed marking of a scissor in a blister pack is an acceptable country of origin marking. A marked sample was submitted with your letter for review.

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.

In addition, Section 134.43(a), Customs Regulations (19CFR Part 134 .43(a)), places special marking requirements on certain products, including scissors. 19 CFR Section 134.43(a) in pertinent part reads: articles of a class or kind listed below shall be marked legibly and conspicuously by die stamping, cast in the mold lettering, etching (acid or electrolytic), engraving, or by means of metal plates which bear the prescribed marking and which are securely attached to the article in a conspicuous by welding, screws or rivets: knives, forks, steels, cleavers, clippers, shears,scissors, safety razors, blades for safety razors, surgical instruments, dental instruments, scientific and laboratory instuments, pliers, pincers, nippers and hinged hand tools for holding and splicing wire, vacuum containers, and parts of the above articles.

However, Customs has determined that articles such as scissors which are subject to the special marking requirements of 19 CFR Section 134.43(a), may be excepted from the special individual marking requirements if the marking of their containers will satisfy the requirements of 19 CFR Section 134.32(d). Therefore, in the instant case, if the articles will be packaged in a properly marked container which will reach the ultimate purchaser unopened, the scissors may be excepted from the special marking requirements of 19 CFR Section 134.43(a). The marking on the rivet holding the scissor blades together and on the front of the card of the blister packaging, as long as they meet the general conspicuous requirements and the requirements of 19 CFR Section 134.32(d), is a satisfactory country of origin marking.

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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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