MAR-2-05 CO:R:C:V 732652 EAB
Rita E. Daly, Corporate Director of Transportation
EKCO Housewares, Inc.
9234 West Belmont Avenue
Franklin Park, IL 60131
Re: Country of origin marking of steel bakeware
Dear Ms. Daly:
This is in response to your letter dated August 14, 1989, in
which you request a ruling on the acceptable marking of steel
bakeware that is made in Canada or the U.S. We regret the delay
in responding.
FACTS:
Your company manufactures steel bakeware in the U.S. The
majority of the bakeware manufactured in the U.S. will be sold in
the U.S. The remainder will be exported to Canada for sale. You
request a ruling on the marking requirements of these products.
Articles manufactured entirely in the U.S. are not subject to the
requirements of 19 U.S.C. 1304, the marking statute enforced by
the Customs Service. We suggest that you contact the Federal
Trade Commission, 601 Pennsylvania Avenue, N.W., Washington, DC
20580 about the marking of these U.S. origin articles.
You also ask about the country of origin marking and other
labelling requirements of bakeware manufactured in Canada and
subjected to further manufacturing processes in the U.S.
Specifically, each item of steel bakeware manufactured in Canada
will be die-stamped "Baker's Secret", "Baker's Best" and "Ekco
Canada". The bakeware will be silicone coated, carded and
packaged in the U.S. To comply with country of origin marking
requirements, you will label each fully manufactured article
"Made by Ekco Canada, Printed in U.S.A." You have submitted a
sample cake pan for examination. However, it is not packaged.
ISSUE:
What are the country of origin marking requirements of steel
bakeware manufactured in Canada and subjected to further
manufacturing processes in the U.S.?
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 (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 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. The
primary purpose of the country of origin statute is to "mark the
goods so that at the time of purchase the ultimate purchaser may,
by knowing where the goods were produced, be able to buy or
refuse to buy the product, if such marking should influence his
will." United States v. Friedlaender & Co., 27 CCPA 297 (1940);
National Juice Products Association v. United States, 10 CIT 48,
628 F.Supp. 978 (1986).
Part 134, Customs Regulations (19 CFR Part 134), implements
the statutory country of origin marking requirements and excep-
tions. Section 134.41(a), Customs Regulations (19 CFR
134.41(a)), states that as a general rule, marking requirements
are best met by marking worked into the article at the time of
manufacture. For example, unless excepted, it is suggested that
the country of origin on metal articles be die sunk, molded in or
etched.
We note that the die-cast markings which are on the
submitted sample are conspicuous, legible and permanent. If the
name of the country of origin appears on all the bakeware in a
similar fashion, it would satisfy the requirements of 19 U.S.C.
1304. However, your suggested wording, "Ekco Canada", is not in
compliance with 19 U.S.C. 1304 or 19 CFR Part 134. Ekco Canada
is the name of the manufacturer and not the country of origin of
the article. While generally it is not necessary to mark an
article, "Made in [Country]", 19 U.S.C. 1304 and 19 CFR 134.11
require the English name of the country of origin to appear on
the article. Merely identifying the manufacturer is not in
compliance. Please also note that if the country of origin
marking on the article is obscured by a paper label affixed in
the U.S., the article would have to be re-marked (on the paper
label or in some other conspicuous place).
Although certain articles which are to be further processed
in the U.S. are excepted from marking, the exceptions do not
apply in this case. As provided in 19 U.S.C. 1304(a)(3)(G) and
19 CFR 134.32(g), articles to be processed in the U.S. by the
importer otherwise than for the purpose of concealing the origin
of such articles and in such manner that any mark contemplated by
this part would necessarily be obliterated, destroyed, or
permanently concealed, may be excepted from marking. Customs
does not find this exception applicable in this case for the
reason that the die-stamping that you have already elected is not
necessarily nor in fact obliterated by the silicone coating of
the articles in the U.S.
As provided in 19 CFR 134.35, the manufacturer or processor
in the U.S. who converts or combines an imported article into a
new or different article having a new name, character or use will
be considered the ultimate purchaser of the imported article, and
the imported article shall be excepted from marking. However,
the outermost container of the imported article shall be marked.
In this case, we find that your company is not the ultimate
purchaser of the imported bakeware. The silicone coating and
carding are minor finishing operations, not amounting to a
substantial transformation of the bakeware into a new and
different article, having a new name, character or use. Both the
imported article and the finished article have the same name and
use, and the essential character of the articles is identical.
In conclusion, we find under the facts presented that the
imported unfinished bakeware must be marked on the article with
the English name of its country of origin, which is Canada. In
the alternative, the container or packaging can be marked if
Customs officers at the port of entry are satisfied that the
articles will reach the ultimate purchaser in the original
unopened marked containers.
HOLDING:
Unfinished steel bakeware is not excepted from the marking
requirements of foreign articles imported into the U.S. unless
Customs officer at the port of entry are satisfied that the
articles will reach the ultimate purchaser in the original
unopened marked containers. The marking "Ekco Canada" is not an
acceptable marking under 19 U.S.C. 1304.
Sincerely,
Marvin M. Amernick, Chief
Value, Special Programs and
Admissibility Branch