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NY N024348





March 11, 2008

MAR-2 OT:RR:NC:N1:118

CATEGORY: MARKING

Mr. Peter N. Lalos
Novak Druce + Quigg LLP
1300 Eye Street, NW
1000 West Tower
Washington, DC 20005

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED KNIVES.

Dear Mr. Lalos:

This is in response to your letter dated February 28, 2008 requesting a marking ruling on behalf of your client, Taylor Brands LLC. Your request proposes marking the container in which knives are imported with the country of origin in lieu of marking the article itself. Two marked sample containers were submitted with your letter for review.

Two Samples were submitted of Smith & Wesson® folding knives. The models, CK105H and CK105HCP, are approximately 4” long when closed and 7½” long when fully opened. The blades are marked Smith & Wesson® ExtremeOps® on one side and the reverse side, in small lettering, is the model number and China. There is a thumb stud on each side of the unsharpened edge near the base of the blades used for opening the blade. Each knife has a pocket clip on the silver metal handle and four ½” holes on each side.

Model CK105H is packaged in a black cardboard box. Marked on the one end of the box is CK105H, EXT OPS, Silver Frame Silver Blade. The other end of the box has a code bar and the words CUTTIN HORSE. On the side of the box is the marking Taylor Brands LLC / Made in China.

Model CK105HCP is blister packed with the knife in a partially opened position. The Smith & Wesson® ExtremeOps® on the blade is visible through the packaging, but not China. The front of the package is marked Smith & Wesson® an American Tradition. The back of the packaging does contain the words “Made in China” found between the paragraphs, at the end of the first paragraph relating to Smith & Wesson® 150 Years of Craftsmanship.

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 United States (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 this case, the ultimate purchaser of the Smith & Wesson® knives is the consumer who purchases the product at retail.

Special marking requirements for knives are set forth in 19 CFR 134.43(a) specifying that those and certain other articles are to be marked by means of die stamping, cast-in-mold lettering, etching, engraving or by affixing metal plates to the article. However, these requirements have been construed to be subject to the general exception from individual country of origin marking provided for in 19 U.S.C. 1304(a)(3)(D), which permits an article to be excepted from marking if the marking of its container will reasonably indicate its country of origin. The exception is set forth in the regulations at 19 CFR 134.32(d). Generally, in order to approve this exception, Customs officials must be satisfied that the imported article will, in all foreseeable circumstances, reach the ultimate purchaser in its properly marked and unopened container.

          Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or “American” the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In line with the above, the Smith & Wesson® Model CK105HCP knives must be marked in close proximity and in at least a comparable size to the words “an American Tradition” the name of the country of origin, which in this case is China, preceded by “Made in,” “Product of,” or other words of similar meaning.

The Smith & Wesson® knives, model CK105H, 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 model CK105H knives 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 knives provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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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