THE COUNTRY OF ORIGIN MARKING OF A FOLDING KNIFE

N248463 December 18, 2013 MAR-2:OT:RR:NC:1:118 CATEGORY: Marking Mr. Troy Clarke CBT International Inc. 249 East Ocean Blvd. Suite 650 Long Beach, CA 90802 RE: THE COUNTRY OF ORIGIN MARKING OF A FOLDING KNIFE Dear Mr. Clarke: This is in response to your letter dated November 25, 2013, on behalf of your client Alltrade Tools LLC. Your request proposes marking the container in which a knife is imported with the country of origin in lieu of marking the article itself. A marked sample of the knife and packaging was submitted with your letter for review. You submitted a sample of a folding knife with a stainless steel blade, model number 871050, in a clear plastic blister pack with a cardboard insert. The handle and the blade are marked with the logo “Snap-on” and are visible through the packaging. The blade is not marked with the country of origin. The front of the cardboard insert lists the model number, the “Snap-on” logo and the description “Folding Knife” in English and Spanish. The back of the cardboard insert lists instructions for opening and closing the knife along with warranty and caution information. The lower left side of the cardboard insert is marked with “Made in China / Hecho en China” in bold print. Underneath that and also in bold print and in the same size font, appears the name and address of the importer. You have stated that the knife will be imported in the packaging described above and reach the ultimate purchaser unopened. 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 folding 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). Generally, in order to approve this exception, Customs officials must be satisfied that the imported article will, in all foreseeable circumstances, reach the ultimate purchaser in its properly marked and unopened container. In line with the above, the folding knife, model number 871050, which is imported in the blister pack that is marked in the manner described above, is except from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the package in which the knife is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported knife 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 C.F.R. 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 Anthony Grossi at (646) 733-3021. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division