Country of Origin Marking of Steel Coils

HQ 559976 June 30, 1997 MAR 2-10 RR:TC:SM 559976 KBR CATEGORY: Marking K.I. (Karin) Muller Manager, Regulatory Affairs Williston International LTD. 6725 Airport Road, Suite 101 Mississauga, Ontario, Canada L4V 1V2 RE: Country of Origin Marking of Steel Coils Dear Ms. Muller: This is in response to your letter on behalf of your client, Cold Metal Products, dated July 3, 1996, concerning the country of origin marking of cold rolled steel coils. You included samples of your current method of country of origin marking. We apologize for the delay in responding. FACTS: Your client, Cold Steel Products, intends to export into the U.S. from Canada cold rolled steel coils which are manufactured in Canada for further manufacture in the U.S. by auto stamping plants. You state that the current exportations are marked with the country of origin of the cold rolled steel coils in three different locations - - a sticker on the band of each coil, a tag on each skid of coil, and a stencil on each full coil. You state that you would like to mark the country of origin on the skid of coils only. ISSUE: May the steel coils be marked with their country of origin only on the skid? LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. 1304. Section 134.32(d), provides that an article may be excepted from individual country of origin marking if the marking of its container will reasonably indicate its origin. In this case the steel coils are packed onto skids. The skid is the container of the steel coils. Therefore, either each steel coil or the skid of steel coils must be marked with its country of origin, Canada. In this case, Cold Metal Products wishes to only mark each skid with the country of origin. We find that marking only the skid with the country of origin tag as shown on the sample will satisfy the country of origin marking requirements provided that the coils reach the ultimate purchaser in the U.S. on the skids. HOLDING: Based on the information submitted and provided that the articles reach the ultimate purchaser on the skids, we find that the only the skid of cold rolled steel coils must be marked with the appropriate country of origin, Canada. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John Durant, Director Tariff Classification Appeals Division