Marking of Steel Fittings

HQ H147078 May 16, 2011 CLA-2: OT:RR:CTF:TCM H147078 ASM CATEGORY: Marking Mr. Ron Lormand Plant Manager Capitol Manufacturing The Phoenix Forge Group 1125 Capitol Road Crowley, LA 70526 RE: Marking of Steel Fittings Dear Mr. Lormand: This is in response to your request to the National Commodity Specialist Division (NCSD) of US Customs and Border Protection (CBP), dated June 8, 2010, made on behalf of Capitol Manufacturing, regarding the country of origin marking requirements for certain steel fittings. Your request was referred to this office by the NCSD for reply. Samples of the merchandise were provided to CBP and have been examined by this office. FACTS: This ruling request concerns the marking of close and short-space pipe nipples made from 3/8 inch to 6 inch pipe that are fully threaded on the outside. These pipe fittings have space bands with less than 1/2 inch between the threads. The samples submitted also have a narrow band of less than 1/2 inch in the center of the exterior surface that is unthreaded. The subject products are made from carbon and stainless steel. Pipe nipples are threaded fasteners used to connect two pipes. You indicated that the subject close and short space pipe nipples are typically used in the oil, natural gas, and chemical industries to transport corrosive and flammable liquids. They are also used to transport potable water. The ones at issue can withstand working pressures of over 10,000 pounds per square inch (psi). ISSUE: Whether under the provisions of Section 304(c) of the Tariff Act of 1930, as amended (19 U.S.C. 1304(c)), the subject steel fittings are required to be marked with the country of origin by die-stamping, cast-in-mold lettering, etching, engraving, or paint stenciling. 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 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 are 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 are produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co, v. United States, 27 C.C.P.A. 297 at 302 (1940). Special country of origin marking requirements apply to certain pipe and pipe fittings. Under 19 U.S.C. 1304(c)(1), pipes of iron, steel, or stainless steel, and pipe fittings of steel, stainless steel, chromemoly steel, or cast and malleable iron are required to be individually marked with the country of origin by means of die stamping, castinmold lettering, etching, engraving, or continuous paint stenciling. One of these five prescribed methods must be used to mark the article, unless, because of its nature, it is technically or commercially infeasible to do so. In such case, the article may be marked by an equally permanent method of marking or, in the case of small diameter pipe, tubes, and fittings, by tagging the containers or bundles. See 19 U.S.C. 1304(c)(2). You assert that marking the pipe fittings by means of die stamping, castinmold lettering, etching, engraving, or continuous paint stenciling would affect their structural integrity and may cause them to leak. It is your position that tests performed on the fittings demonstrate how the marking methods can affect the functionality of close and short-space nipples. To demonstrate the affects of die stamping, two separate tests were performed by marking the pipe nipple with low stress stamps. In one test, a die stamp was placed in the narrow band at the center of the exterior surface, the other, between two threads. In both tests, the stamping operation wore down the threading of a close nipple and rendered it too weak to remain round. Furthermore, a low pressure air test of only 80 psi produced leaking joints in both cases. With respect to engraving or etching the outside diameter of the fitting, you claim that a negative imprint is created on the threaded portion which could weaken the structural integrity of the fitting in the same manner as die stamping. Also, engraving and etching is not possible for smaller fittings. Cast-in-mold lettering creates a raised surface. You have asserted that molded cast characters are made by machining extruded or welded pipe and not by a casting process. It is therefore, our impression that this type of marking would compromise the exterior threaded surface of the fitting. In applying a continuous paint stencil marking on the outside of the nipple, you have asserted that the painted side had one less thread make-up due to the additional thickness of the paint. This changed the thread pitch diameter by one half of the allowable two thread tolerance forcing paint to be extruded into the internal surfaces of the mating fitting, which caused a contamination condition. Finally, you note that contamination into the piping system is not acceptable in many of the commercial applications for these fittings. After careful examination and consideration, we find that the five alternative marking requirements for close and short-space steel pipe nipples, as specifically identified herein, should be waived pursuant to 19 U.S.C. 1304(c)(2). The CBP Laboratory and Scientific Services has evaluated the issue and agrees that marking the subject pipe fittings with their country of origin in the manner specified by 19 U.S.C. 1304(c)(1) would compromise their structural integrity and that leaks might occur. This threat of leakage, which poses a potential environmental and health hazard, makes it technically and commercially infeasible to mark the pipe nipples by one of the five methods listed above. In accordance with 19 U.S.C. 1304(c)(2), the fittings may be marked by tagging the containers or bundles. HOLDING: The subject close and short-space steel pipe nipples are excepted from the special marking requirements set forth in 19 U.S.C. 1304(c)(1). However, in order to satisfy the marking requirements under 19 U.S.C. 1304(c)(2), the containers or bundles must be tagged with the country of origin clearly and legibly displayed. A copy of this ruling 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 CBP officer handling the transaction. Sincerely, Ieva K. O’Rourke, Chief Tariff Classification and Marking Branch