NY R01153 - The country of origin marking of flatware and hollowware from Germany, Italy, Japan, Korea, and China. - United States International Trade Commision Rulings

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NY R01153

December 17, 2004

MAR-2:RR:NC:N1:113 R01153

CATEGORY: MARKING

Ms. Nancy Hipp
Schenker Inc.
1572 E. Bolivar Ave.
Milwaukee, WI 53235

RE: The country of origin marking of flatware and hollowware from Germany, Italy, Japan, Korea, and China.

Dear Ms. Hipp:

This is in response to your letter dated December 3, 2004, requesting a ruling on whether certain proposed marking is an acceptable country of origin marking for imported flatware and hollowware. A marked sample was not submitted with your letter for review.

The merchandise is flatware (knives, forks, spoons, etc.) and hollowware (chafing dishes, coffee and tea pots, etc.) You intend to import the items with the countries of origin on the container. In the case of the hollowware, the countries of origin will be marked with a list adhered to the outer container. In the case of the flatware, the outer container will be marked as will the smaller cartons inside. In all cases, the merchandise will be sold to restaurants or hotels in the containers without repacking.

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. In this case, the hotel or restaurant will be considered the ultimate purchaser.

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 requires that certain types of articles be marked in a specified manner. Knives and forks are specifically identified in this regulatory provision as articles that must be marked legibly and conspicuously by die stamping, cast-in-the-mold lettering, etching, or engraving. Although these items are subject to the special marking requirements of section 134.43, Customs Regulations (19 C.F.R. §134.43), Customs has previously ruled that such articles may be excepted from individual marking if the marking of their containers will satisfy the requirements of 19 C.F.R. §134.32(d). Headquarters Ruling Letter (HRL) 733301, dated August 8, 1990, and HRL 732437, dated October 4, 1989. If the containers are sold without normally being opened by the ultimate purchaser in accordance with 19 C.F.R. §134.24(d)(2), the containers shall be marked to indicate the country of origin of their contents.

Therefore, under certain circumstances, it may only be necessary to mark the individual boxes. The facts of this case are similar to HQ 559398, where Customs excepted flatware and chinaware from individual country of origin marking because the articles were sold to hotels, restaurants, and institutions, and not at retail outlets. Customs held that since there were no retail purchasers and all of the imported flatware and chinaware were packed in properly marked bulk containers, the flatware and chinaware were excepted from individual country of origin marking provided the Customs officials at the port of entry were satisfied that the ultimate purchasers received the flatware and chinaware in the original unopened properly marked outer container. In those instances, where the outer boxes were opened, it was determined that the requirements of 19 C.F.R. §134.26 had to be satisfied.

The proposed marking of imported flatware and hollowware, as described above, 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 articles, provided that Customs officials at the port of entry are satisfied that the articles will reach the ultimate purchaser in the properly marked containers

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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