THE COUNTRY OF ORIGIN MARKING OF A POCKET KNIFE

N152597 March 18, 2011 MAR-2 OT:RR:NC:1:118 CATEGORY: MARKING Mr. Michael Pipitone John F. Kilroy Co., Inc. One Cross Island Plaza Suite 203E Rosedale, NY 11422-1400 RE: THE COUNTRY OF ORIGIN MARKING OF A POCKET KNIFE Dear Mr. Pipitone: This is in response to your letter dated March 7, 2011, on behalf of Compass Industries, requesting a ruling on whether the proposed marking “China” on the box is an acceptable country of origin marking for an imported pocket knife. Marked samples of the boxes were submitted with your letter for review. You submitted two non-corrugated boxes designed to hold a pocket knife that is identified as “outdoor cutlery.” The boxes for item numbers 4971 and 7643 are marked with the "DAKOTA" logo on the top and side panels. The sides of the boxes are also printed with a sku number and China. You have stated that the knives will be imported within these boxes ready for sale and both the knife and the box will be made in China. 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the pocket knife is the consumer who purchases the product at retail. Special marking requirements for knives are set forth in 19 CFR 134.43(a) specifying that knives and certain other articles are to be marked by means of die stamping, cast-in-mold lettering, etching, engraving or by affixing metal plates to the article. However, these requirements have been construed to be subject to the general exception from individual country of origin marking provided for in 19 U.S.C. 1304(a)(3)(D), which permits an article to be excepted from marking if the marking of its container will reasonably indicate its country of origin. The exception is set forth in the regulations at 19 CFR 134.32(d). In line with the above, the Dakota Outdoor Cutlery knives, model numbers 4971 and 7643, which are imported in boxes that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the boxes in which the knives are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported knives provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at (646) 733-3021. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division