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NY N020368





December 18, 2007

MAR-2 OT:RR:NC:N2:235

CATEGORY: MARKING

Ms. Priscilla R. Royster
John S. Connor, Inc.
799 Cromwell Park Drive, Suites A-G
Glen Burnie, MD 21061

RE: THE COUNTRY OF ORIGIN MARKING OF A DAGGER FROM PAKISTAN

Dear Ms. Royster,

This is in response to your letter dated November 16, 2007, requesting a ruling on the country of origin marking on a Damascus Dagger.

The sample which was received by this office was a Damascus Dagger with a decorative handle. You state in your letter, the dagger is made of several types of steel and iron slices which are welded together to form the billet of the dagger. The billet is drawn and folded until the desired numbers of layers are formed. Also, you claim as a result of the ornate design of the blade, the methods of marking outlined in 19 CFR 134.43 causes the integrity of the steel to break down. You also state the marking “becomes obscure” due to the ornate design on the blade. The sample which you provided contains a paper sticker with a code and the word Pakistan on the label. Not only was the font on the sticker tag extremely small and illegible but also, the sticker tag affixed to the blade was barely attached and practically falling off. In your follow up letter, you state, the box in which the sample was originally sent, is not the original box that this blade will be sold in. You also indicate that the final product will have “Made in Pakistan” printed on the sticker.

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. We would suggest that you resubmit a correctly marked article in the actual box that the dagger will be sold in to the ultimate purchaser.

  In the matter of knives, Customs strongly recommends that the country of origin be in lettering of a size sufficient as to be legible and easily read and located on the handle, When the handle is capable of being marked by one of the methods set out in 19 C.F.R. §134.43, and such method of marking at that location will do no injury to the appeal or value of the knife. At a minimum, Customs suggests that the marking be located at the base of the cutting blade of the knife. Knives marked in other than any of the foregoing locations may still be found to be marked conspicuously, provided the lettering is in a method prescribed in 19 C.F.R. §134.43, and of a sufficient size and location as to be found easily and read without strain by the ultimate purchaser. Each case must be decided upon its own particular facts.

Based on the information you provided, the country of origin marking on the Damscus Dagger, will not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. We would suggest that you resubmit your request, with a sample tagged, in the condition, and in the packaging in which the product will be imported and sold. When a properly marked sample is available, you may wish to consider resubmission of your request. You may also consider discussing acceptable methods of marking with your local Customs port. 

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 Paul Hodgkiss at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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