Country of origin marking of a pocketknife; container marking; 19 CFR 134.43(a); 19 CFR 134.32(d)

HQ 561352 May 24, 1999 MAR-02 RR:CR:SM 561352 RSD CATEGORY: MARKING Mr. Doug Gant Branch Manager Samuel Shapiro & Company, Inc. Dulles International Airport P.O. Box 16073 Washington, D.C. 20041-6073 RE: Country of origin marking of a pocketknife; container marking; 19 CFR 134.43(a); 19 CFR 134.32(d) Dear Mr. Gant: This is in response to your letter of April 16, 1999, on behalf of the Noble Collection regarding the country of origin marking requirements of a pocketknife. You have submitted a sample pocketknife for our consideration. FACTS: The Noble Collection is a supplier of historic arms and armor located in Ashburn, Virginia. It is in the process of producing a new catalog entitled “Noble Collection Limited Editions”. One of the products they will sell through their catalog is a pocketknife. The pocketknives are being sold and promoted as collectable items, and they are not intended to be used as functional pocketknives. The pocketknives are made in association with the National Wildlife Federation, utilizing popular paintings by the artists, Alan Hunt, Lee Cable, and Brian Jarvi. The sample pocketknife’s handle is decorated on two sides with pictures of bald eagles. The imported pocketknives will be individually packed in 6 by 4 by 2 inch pre-printed boxes. You state that Nobel Collection intends to mark the country of origin of the pocketknives on the boxes in which the knives are sold to the ultimate purchaser. A country of origin marking, “Made in China”, will be printed on the bottom long side of the box in the general vicinity of the copyright information. The size of the marking statement will be approximately .5 inches long and .13 inches high. You claim that the ultimate consumer will receive the pocketknife in this packaging. We assume that the pocketknives will also be imported in this packaging. However, we do not have a sample of the box.  The Noble Collection is concerned that marking the pocketknives themselves may mar their appearance and devalue them as a collector’s item. ISSUE: What are the country of origin marking requirements for the pocketknives described above? 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 United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States 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. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940). Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), mandates that the ultimate purchaser in the United States must be able to find the marking easily and read it without strain. Articles for which the marking of the containers will reasonably indicate the origin of the article are excepted from marking under 19 U.S.C. 1304(a)(3)(D). For an exception to be granted under 19 U.S.C. 1304(a)(3)(D), generally the article must be imported in a marked retail container which will reach the ultimate purchaser unopened. See also 19 CFR 134.32(d). Section 134.43 requires that certain types of articles be marked in a specified manner. Knives are specifically identified in this regulatory provision as articles that shall be marked legibly and conspicuously by die stamping, castinthemold lettering, etching, or engraving. Although knives are subject to the special marking requirements of 19 CFR 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 CFR 134.32(d). See Headquarters Ruling Letter (HRL) 733301, dated August 8, 1990; HRL 732437, dated October 4, 1989; and HRL 558800, January 26, 1995.  Accordingly, under 19 CFR 134.32(d), if the pocketknives are imported in boxes which are properly marked to indicate their country of origin, and Customs is satisfied that the pocketknives will reach the ultimate purchaser in such boxes, then the pocketknives may be excepted from individual marking including the special marking requirements of 19 CFR 134.43. However, in this situation, because we do not have a sample of the box in which the knives will be packaged, we cannot rule whether the marking on the boxes would meet the statutory requirements for legibility, permanence, and conspicuousness of 19 CFR 134.41 and 19 U.S.C. 1304. HOLDING: The pocketknives may be excepted from individual marking and the special marking requirements of 19 CFR 134.43, under 19 CFR 134.32(d), if Customs officials at the port of entry are satisfied that the knives will reach the ultimate purchaser in boxes which are properly marked to indicate their the country of origin. 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 with a copy, this ruling should be brought to the attention of the Custom officer handling the transaction. Sincerely, John Durant, Director Commercial Ruling Division