MAR-05 RR:TC:SM 559245 KKV
Ms. Laura Deniz
Import Manager
Evans & Wood & Co.
P.O. Box 610005
Dallas/Fort Worth Airport, TX 75261
RE: Country of Origin Marking; Cutlery and Steak Knife Set; 19
CFR 134.46, 19 CFR 134.43, Unsealed Box
Dear Ms. Deniz:
This is in response to your letter dated May 23, 1995, in
which you request a ruling concerning the country of origin
marking requirements for merchandise described as "cutlery and
steak knife sets" to be imported from China. Specifically, your
letter inquires whether the proposed marking "Box printed in
China. Cutlery and Block are imported as marked on the product"
would be acceptable to Customs. Although no sample has been
provided, a photocopy of an incomplete portion of the rough
layout for the container has been supplied to Customs.
FACTS:
No information has been provided which identifies the
articles which are to be included in the item designated by the
requesting party as a "cutlery and steak knife set," nor has
information been provided regarding the respective country of
origin for each of these articles. Also, no information has been
provided regarding the manner in which the individual articles
are to be marked, nor the placement of any marking upon the
articles.
The photocopy of the rough layout of the box is marked in
the following manner. As submitted, the language on the side
panel of the box reads as follows:
LIMITED LIFETIME WARRANTY
These knives are guaranteed to the original
purchaser for the lifetime of the original
purchaser to be free from defects in
materials and workmanship. Return defective
piece and it will be repaired or replaced if
the product is still available. Otherwise a
product of equal value will be substituted.
Enclose this warranty, proof of purchase and
$4.00 for shipping and handling. This
warranty gives
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your specific legal rights and you may also
have other rights which vary from state to
state. We are not responsible for any
incidental or consequential damage. Some
states do not allow the exclusion of
incidental or consequential damages so this
exclusion may not apply to you. Wooden block
is excluded from the warranty. Box printed in
China. Cutlery and block are imported as
marked on the product. Customer Service,
P.O. Box 224442, Dallas, TX 75222.
ISSUE:
Does the marking which appears on the rough layout of a box
containing a cutlery and steak knife set satisfy the country of
origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part
134?
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 United States 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.
Part 134, Customs regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. One of the exceptions to the general marking
requirement is codified in 19 U.S.C. 1304(a)(3)(D) (as
implemented by 19 CFR 134.32(d)), which provides that an article
may be excepted from marking if the marking of its container will
reasonably indicated its origin to the ultimate purchaser.
Section 134.46, Customs Regulations (19 CFR 134.46) contains
more restrictive marking requirements designed to alleviate the
possibility of misleading an ultimate purchaser with regard to
the country of origin of an imported article. Specifically, 19
CFR 134.46 requires that, in instances where the name of any city
or locality in the U.S., or the name of any foreign country or
locality other than the name of the country or locality in which
the article was manufactured or produced, appears on an imported
article or its container, there shall appear, legibly and
permanently, in close proximity to such words, letters or name,
and in at least a comparable size, the name of the country of
origin preceded by "Made in," "Product of," or other words of
similar meaning. Customs has ruled that in order to satisfy the
close proximity requirement, the country of origin marking must
appear on the same side(s) or surface(s) in which the name of the
locality other than the country of origin appears (See HQ 708994,
dated April 24, 1978).
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The more restrictive requirements of 19 CFR 134.46 are
designed to alleviate the possibility of any misleading of an
ultimate purchaser with regard to the country of origin of an
imported article, if such article or its container includes
language which may suggest a U.S. origin (or other foreign
locality not the correct country of origin). However, Customs
has held that, under certain conditions, geographic names
appearing in connection with imported articles do not necessarily
trigger the requirements of 19 CFR 134.46 if the context in which
the names are used is such that confusion by the ultimate
purchaser regarding country of origin is not possible (See C.S.D.
90-31, dated December 20, 1989).
In Headquarters Ruling Letter 558026, dated May 1, 1995,
Customs considered the language on an instruction book which was
enclosed within a container holding an imported dental syringe.
The company name and a U.S. address were printed in two locations
on the booklet. In holding that the more stringent requirements
of 19 CFR 134.46 were not triggered by such language, Customs
found that the company name and U.S. address were located in
places which invited customers to contact the company with
questions pertaining to the assembly of the syringe and its use.
Noting that the instruction book was enclosed within the
article's container and not visible to the ultimate purchaser at
the point of sale, Customs held that "there is no possibility
that the U.S. address printed in these locations will cause
confusion to the ultimate purchaser as to the country of origin
of the syringe."
On the rough layout under consideration, the non-origin U.S.
address has been clearly designated as the point of contact for
customer service concerns. Immediately preceding this
information, the importer has included country of origin
information. Without immediately commenting about the
sufficiency of the language of the country of origin marking
proposed by the importer, we find that combination of the
customer service reference together with the non-origin
geographical reference in such close proximity is sufficient to
alleviate the possibility that a potential purchaser will be
misled with regard to the actual country of origin. Having thus
concluded that the non-origin locality reference would not
mislead or deceive an ultimate purchaser as to the country of
origin of the imported article, we find that the special marking
requirements of 19 CFR 134.46 are not triggered, and the origin
marking needs to satisfy the general requirements of permanency,
legibility and conspicuousness under 19 U.S.C. 1304 and 19 CFR
Part 134.
Customs under certain circumstances, previously has allowed
importers to place a marking on the exterior container
instructing the ultimate purchaser to view the actual article to
determine its country of origin. In HQ 734101, dated July 9,
1991, Customs allowed toys sold inside plastic eggs in a vending
machine to be individually marked with the actual country of
origin but, because this information was not visible, Customs
permitted the machine to be marked "The Toys Contained In This
Machine Are Marked With The Country of Origin, And May Be Made In
One Or More Of The Following Countries: Hong Kong Taiwan China."
In HQ 734491, dated April 12, 1992, Customs ruled that an
importer of automobile parts may mark the packaging "Contents
Imported, See Article for Country of Origin." In HQ 734544,
dated July 24, 1992, Customs
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permitted an importer to mark the cartons not only with the
possible countries of origin, but also with the instruction to
inspect the item itself for the actual country of origin.
However, in order to qualify for this type of marking, Customs
held that the carton must be unsealed, so as to permit the
purchaser to inspect the product prior to purchase.
In Headquarters Ruling Letter (HRL) 734469, dated September
22, 1992, Customs ruled that hang tags which were affixed to
conspicuously marked sunglasses and marked with the words
"Country of Origin Indicated On Sunglasses" in close proximity
and in at least a comparable size to the non-origin geographical
reference "Dallas, TX U.S.A." satisfied the country of origin
requirements of 19 CFR 134.46.
In HRL 735321, dated January 19, 1995, Customs discussed the
acceptability of proposed marking samples for cutlery and an
accompanying wood block in the context of the more restrictive
requirements of 19 CFR 134.46 and 134.47. In reviewing proposed
blueprints of boxes for marking requirements, Customs ruled that,
where country of origin marking reading "Cutlery and Storage
Block made in Taiwan or china as indicated on the product"
appeared on the side panel of an unsealed box in a separate
paragraph from the warranty information, such language was
acceptable for purposes of 19 CFR 134.46, provided that the
actual country of origin appeared on the individual knife and
block.
In light of the statutory requirements and analysis set
forth above, we would require certain changes to your proposed
marking. In accordance with the position taken by Customs in
HRL 735321, dated January 19, 1995, discussed previously, if the
proposed language on the rough layout is re-worded so as to
indicate the availability of country of origin information to the
ultimate purchaser (i.e., "Contents Imported, See Article For
Country of Origin Marking," "Cutlery and Storage Block Made In
Country A, Country B, As Indicated On The Product" or "Contents
Marked with Country of Origin") and this information is
conspicuously placed in a separate paragraph, Customs would
consider such marking to be acceptable PROVIDED THAT the box
remains unsealed (thus permitting an ultimate purchaser the
opportunity to inspect the product prior to purchase), and the
individual articles contained within the box are properly marked.
Additionally, it is noted that some of the items contained
within the cutlery and steak knife set under consideration are
subject to the special marking requirements for designated
articles, as set forth in 19 CFR 134.43(a), which provides,
Except for goods of a NAFTA country, articles
of a class or kind listed below shall be
marked legibly and conspicuously by die
stamping, case-in-the-mold lettering, etching
(acid or electrolytic) engraving, or by means
of metal plates...knives, forks, steels,
cleavers, shears, scissors, safety razors,
blades for safety razors,
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surgical instruments, pliers, pincers,
nippers and hand tools for holding and
splicing wire, vacuum containers, and parts
of the above articles.
Therefore, the knives and any other such designated articles
contained within the set (i.e., steel, scissors, etc.) must be
individually marked in accordance with this section.
HOLDING:
Reference on the retail container of the cutlery and block
to a non-origin locality geographical reference which is clearly
designated as a customer service point of contact does not
trigger the more stringent marking requirements of 19 CFR 134.46.
Where the retail container of an imported article contains a
specific instruction directing the purchaser to inspect the
contents for country of origin marking, such marking will satisfy
the requirements of 19 CFR Part 134, provided that the exterior
container remains unsealed so as to permit the ultimate purchaser
the opportunity to examine the contents of the container, and the
contents are individually marked with the country of origin.
A copy of this ruling letter 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 Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Tariff Classification and
Appeals Division