MAR 2-05 CO:R:C:V 732238 pmh
Mr. John Kenehan, Sr.
Kenehan International Services
727 Wright Brothers Lane
Las Vegas, NV 89119
RE: Country of origin marking requirements for cartridge pens
which consist of an imported cap and barrel and a U.S.-made ball
point cartridge
Dear Mr. Kenegan:
This is in response to your letter of February 21, 1989, on
behalf of Fisher Pen Co. (the importer), addressed to Customs in
New York and requesting a ruling on country of origin marking
requirements for cartridge pens which consist of imported and
domestic pieces. Your letter has been referred to this office
for response.
FACTS:
The subject pen consists of a cap and barrel which are
imported in bulk from Taiwan and a cartridge, spring and cap,
which are manufactured in the U.S. by the importer. After
importation, the importer combines the separate imported and
domestic components into a finished pen. Sample components have
been submitted for our examination. The imported barrel measures
approximately 2-1/4 inches in length and the cap measures
approximately 3-1/2 inches in length. Both pieces appear to be
made of a decorative metal-like material. It is asserted that
stamping the country of origin on the barrel or cap would crack
the material. In addition, you have indicated that the finished
pens are unique in that the cartridge is under gas pressure so
that the pens will write in any position and does not require
gravity for ink flow. They would be sold at retail in individual
gift boxes. You have further indicated that the importer has
proposed marking the imported pieces by means of an adhesive
sticker which would be applied to the imported caps prior to
importation and which would bear the words: "Barrel and Cap Made
in Taiwan."
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Issue:
Whether country of origin marking on imported pen caps and
barrels by use of an adhesive sticker complies with the
requirements of 19 U.S.C. 1304.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), requires 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 will permit in such a manner as to
indicate to an 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
134.14(a), Customs Regulations, provides:
When an imported article is of a kind which is usually
combined with another article after importation but
before delivery to an ultimate purchaser and the name
indicating the country of origin of the article appears
in a place on the article so that the name will be
visible after such combining, the marking shall
include, in addition to the name of the country of
origin, words or symbols which shall clearly show that
the origin indicated is that of the imported article
only and not that of any other article with which the
imported article may be combined after importation.
In the instant case, the proposed marking of the pens with
the words "Barrel and Cap Made in Taiwan," would satisfy the
requirements of 19 CFR 134.14(a) in that the country of origin of
the imported articles would be clearly indicated so as to
distinguish those parts of the pen from the domestic parts with
which they are combined after importation.
With regard to the permanency of the proposed method of
marking, we find that an adhesive sticker is not the most
permanent method of marking in this case. As noted above, 19
U.S.C. 1304 requires that an imported article be marked as
"permanently as the nature of the article will permit." Section
134.41, Customs Regulations (19 CFR 134.41), 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
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suggested that the country of origin on metal articles be die
sunk, molded in or etched. Section 134.44, Customs Regulations
(19 CFR 134.44), provides that except for articles which are the
subject of a ruling by the Commissioner of Customs or those
articles classifiable in an item number specified in section
134.43, Customs Regulations (19 CFR 134.43) (not applicable
here), any method of marking that is sufficiently permanent so
that the marking will remain on the article until it reaches the
ultimate purchaser unless it is deliberately removed, is
acceptable. This section further provides that if paper stickers
or pressure sensitive labels are used, they must be affixed so
securely that unless deliberately removed they will remain on the
article while it is in storage or on display and until it is
delivered to the ultimate purchaser. It is our opinion that the
adhesive sticker you propose to use may not be sufficiently
permanent due to the fact that the imported caps undergo an
assembly process after importation; we cannot be sure the sticker
will remain on the imported caps through that process. We note
that it is general practice to put the country of origin mark on
the spring clip of a pen by some permanent means such as
engraving or die stamping.
However, in this case the pens will be sold to the ultimate
purchaser in individual giftboxes. Therefore, pursuant to 19
U.S.C. 1304(a)(2)(D), we will allow the country of origin marking
to appear on the giftbox, rather than on the pen, itself,
provided such marking is legible and conspicuous and satisfies
the requirements of 19 CFR 134.14(a).
HOLDING:
A pen which consists of a domestic cartridge, tip and spring
and an imported cap and barrel, should be marked with the country
of origin by a permanent means of marking, such as engraving.
The use of paper stickers, pressure sensitive labels or string
tags, to indicate the country of origin, can be used only if it
can be demonstrated to Customs satisfaction that the pen cannot
be marked by means of a permanent method of marking. If a
sticker, label or string is used, it must meet all the
specifications noted above, to be in full compliance with 19
U.S.C. 1304 and 19 CFR 134.14(a). In addition, if the pen will
be sold to the ultimate purchaser in a box, the country of origin
marking may appear on the box instead of on the pen, itself.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch