Country of origin marking requirements for pipe fittings; small diameter fittings; abbreviations

HQ 562240 February 4, 2002 MAR 205 RR:CR:SM 562240 MLR CATEGORY: MARKING Mr. David Taylor Ryco Hydraulics Pty. Ltd. 19 Whitehall Street Footscray, Victoria Australia 3011 RE: Country of origin marking requirements for pipe fittings; small diameter fittings; abbreviations Dear Mr. Taylor: This is in response to your letter dated October 3, 2001, requesting a ruling concerning the country of origin marking requirements for imported pipe fittings. FACTS: It is stated that Ryco Hydraulics uses hexagonal bars (1/2”, 9/16”, and 5/8” A/F (Across Flat) sizes)) to make fittings. For example, from the 1/2” A/F hexagonal bar size, 1/8” NPT male nipples and 1/4” tube size JIC male nipples (7/16” thread) fittings are made. From the 9/16” size bars, 1/4” NPT male nipples, and 5/16” tube size JIC male nipples (1/2” thread) are made; and from the 5/8” A/F size bars, 3/8” tube size JIC male nipples (9/16” thread) are made. It is stated that this is not a comprehensive list, but intended to show the nominal sizes of the fittings. The fittings are composed of plated steel and are stated to be classifiable in heading 7307, Harmonized Tariff Schedule of the United States (HTSUS). You state that it is difficult to mark these fittings with the entire word “Australia.” ISSUE: What are the country of origin marking requirements for the imported pipe fittings? LAW AND ANALYSIS: I. 1304(c) 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. 1304. Special country of origin marking requirements apply to certain pipe and fittings. Pipes and pipe fittings of iron or steel must be marked to indicate the proper country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling. 19 U.S.C. 1304(c)(1). No exception from the marking requirements of 19 U.S.C. 1304(c)(1) may be made under 19 U.S.C. 1304(a)(3) (which includes an exception if the container is properly marked) for these products. However, small diameter fittings may be marked by tagging the containers or bundles. 19 U.S.C. 1304(c)(2). Customs has determined that the requirements of 19 U.S.C. 1304(c)(1) and (2) are applicable to those articles which are considered pipes, pipe fittings, or tube fittings of iron and steel for classification purposes, which includes the fittings at issue in this case, namely fittings classifiable in heading 7307, HTSUS. See T.D. 86-15. Small diameter fittings are defined as fittings that have a nominal diameter of 1/4 inch or less. See T.D. 92-70. Accordingly, for those fittings that have a nominal diameter of 1/4 inch or less, they may be marked with their country of origin by tagging the bundles or the containers with the marking “Australia.” II. Abbreviations Section 134.45(b), Customs Regulation (19 CFR 134.45(b)), states that abbreviations which unmistakably indicate the name of a country, such as "Gt. Britain" for "Great Britain" or "Luxemb" and "Luxembg" for "Luxembourg" are acceptable. It is indicated that for certain size fittings, you would need to mark them with point size 4 print in order to fit the entire word “Australia”, and that it is difficult to stamp point size 4 deeply enough into the surface to make the whole word legible. Instead, you wish to mark the fittings with “AU” or “AUS.” Customs has consistently held that the use of a few letters, which may or may not be recognized as country designations for purposes of other International Standards Organizations as you mention, is not acceptable. See Headquarters Ruling Letter 733104 dated March 15, 1990 (abbreviations "Arg" or "Argtin" and "Hun" or "Hung" do not comply with 19 U.S.C. 1304 and 19 CFR134.45(b)); HRL 731760 dated December 27, 1989 ("CAN" and "CDN" are not acceptable because they do not unmistakably designate the country of origin to the ultimate purchaser); and HRL 735083 dated August 5, 1993 ("NL" is not an acceptable abbreviation for the Netherlands). Therefore, similarly, we find that the use of “AU” or “AUS” would not be acceptable. Rather, we would recommend that the word “Australia” be marked on the fittings that have a nominal diameter greater than 1/4 by paint stenciling, or perhaps wrapping the word around multiple sides of the fitting. To the extent this is not possible, we find that “Austrlia” would be an acceptable abbreviation for purposes of 19 U.S.C. 1304 and 19 CFR 134.45(b). HOLDING: Based upon the information presented, for those fittings that have a nominal diameter of 1/4 inch or less, they may be marked with their country of origin by tagging the bundles or the containers with the marking “Australia.” For those fittings that have a nominal diameter greater than 1/4, the use of “AU” or “AUS” would not be acceptable. Rather, the fittings should be marked by paint stenciling, wrapping the word around multiple sides of the fitting, or using the abbreviation “Austrlia.” A copy of this ruling letter should be attached to the entry documents filed at the time the goods are 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 Commercial Rulings Division