THE COUNTRY OF ORIGIN MARKING OF A FISHING KNIFE

NY A80598 March 20, 1996 MAR-2-82:R:N4:119 A80598 CATEGORY: MARKING Mr. Gordon C. Anderson Meyer Customs Brokers A Division of C.H. Robinson International, Inc. 8100 Mitchell Road - Suite 200 Eden Prairie, MN 55344 RE: THE COUNTRY OF ORIGIN MARKING OF A FISHING KNIFE Dear Mr. Anderson: In your letter dated February 13, 1996 you requested a country of origin marking ruling on a fishing knife manufactured in Taiwan and China. The request is being made on behalf of Berkley, Spirit Lake, IA. The merchandise to be imported consists of a fishing knife with a plastic handle, a removable blade, one spare blade and a plastic sheath with a large belt loop. The blades are manufactured in Taiwan and shipped to China. The handle and plastic sheath are manufactured in China where the assembly of the blade and handle also takes place. There is no manufacturing process involved in attaching the blade to the handle. The two-prong tang of the blade is inserted between the two halves of the handle which are fastened together by two screws. No tool is needed since the screws can be loosened or tightened with a coin. 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. In addition, Section 134.43(a) of the Customs Regulations requires that certain articles such as cutlery and parts thereof be marked by means of die stamping, cast-in-mold lettering, etching, engraving, or by affixing metal plates to the article. You have suggested that the back of the sheath be marked "Assembled in China, blade made in Taiwan" either by molding into the plastic or with an adhesive label. However such marking would not be considered conspicuous pursuant to Slip Op. 91-12 [Norcal/Crossetti Foods, Inc. et al. v. U.S. Customs Service et al.]. No substantial transformation takes place in China. For marking purposes, both the blade and the handle retain their separate identities. The inserted blade and the spare blade should be die-stamped "Taiwan". Gummed labels marked "Handle made in China" and "Sheath made in China" should be placed in a conspicuous location respectively on the handle and the sheath. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division