The country of origin marking of five knives from China.

N303808 April 15, 2019 MAR-2:OT:RR:NC:N4:415 CATEGORY: Marking Mr. Lawrence Ho REVO, LLC 798 Swanlake Avenue Swanville, ME 04915 RE: The country of origin marking of five knives from China. Dear Mr. Ho: This is in response to your letter dated March 19, 2019, requesting a ruling on whether the proposed marking on the packaging, instead of on the individual knives, is an acceptable country of origin marking for the imported knives described as Berserk, K9, Warden, Vipera, and Recoil. Samples were submitted with your letter for review and will be returned separately. From the samples provided, each knife comes with a zippered case, which has a paper sleeve that fits over the case. The paper sleeve is marked “Made in China” using an applied sticker. There are no other country of origin markings on this product. The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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. As provided in 19 CFR 134.41(b), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, 19 CFR 134.41(a), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, 19 CFR 134.44, generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Certain types of articles must be marked in a specified manner as required by 19 CFR 134.43. Knives are specifically identified in this regulatory provision as articles that must be marked legibly and conspicuously by die stamping, cast-in-the-mold lettering, etching, or engraving. However, Customs has previously ruled that such articles may be excepted from individual marking if the marking of their containers will reasonably indicate the origin of the articles pursuant to 19 CFR 134.32(d). Accordingly, marking the container in which these 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 knife and case will remain in the marked sleeve 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 Kristopher Burton at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division