NY I82443 - COUNTRY OF ORIGIN MARKING OF IMPORTED STEEL HAND FILES AND RASPS. - United States International Trade Commision Rulings

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NY I82443

May 23, 2002

MAR-2 RR:NC:1:118 I82443

CATEGORY: MARKING

Mr. David B. Henderson
President
Warrensville File & Knife, Inc.
1780 Corporate Drive
Norcross, Georgia 30093-2929

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED STEEL HAND FILES AND RASPS.

Dear Mr. Henderson:

This is in response to your letter dated April 19, 2002 requesting a ruling on whether the proposed method of marking the container with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported hand files and rasps. A marked sample container was not submitted with your letter for review.

You have stated that files are boxed in dozens and half dozen quantities and are normally sold through distribution, however they can be sold in “broken box quantities.” You import steel hand files and rasps from all over the world and have always marked the individual files and rasps with the country of origin stamped onto the tool. You have asked if there has been a ruling change whereby permitting the container or box to be marked rather than having to mark each individual file or rasp.

There has not been any ruling change pertaining to the marking statute and the marking requirements for files and rasps. 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. 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 the situation you have described, the person receiving the sample tool from the “broken box” would be the ultimate purchaser.

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 article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the files and/or rasps by viewing the container in which it is packaged, the individual files and/or rasps would be excepted from marking under this provision. However, based upon your explanation pertaining to the sale and distribution of the imported files and rasps, containers that are marked in the manner described above, would not be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d) since the country of origin will not be made known to the ultimate purchaser. Accordingly, marking the container in which the files and/or rasps are imported, as you have described, in lieu of marking the article itself, is not an acceptable country of origin marking and each individual hand file and rasp would need to be marked. If, however, the port director is satisfied that the articles will remain in the marked container until they reach the ultimate purchaser, marking the container in which the files and/or rasps are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported items.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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