MAR-2-05 CO:R:C:V 735410 RSD
Mr. Fred Gunzer
Dalex USA- Importer and Distributors
1841 S.E. First Street
Suite D & E
Redmond, Oregon 97756
RE: Country of origin marking requirements for a semi-finished
saw blade; packages with a U.S. place reference;
19 CFR 134.46; HQ 735086
Dear Mr. Gunzer:
This is in response to your letter dated October 25, 1993,
requesting a ruling on the country of origin marking requirements
for imported semi-finished saw blades. We regret the delay in
responding to your letter. Accompanying your letter was photo-
static copies of the packages for the saw blades.
FACTS:
Dalex imports components and manufactures and markets carbide
cutting tools, including rotary saw blades. This case concerns
rotary steel saw blades imported from China.
The blank is manufactured in China. In HQ 735086 (October 20,
1993), Customs ruled that imported saw blade blanks were not
substantially transformed by processing, such as sharpening the
carbide tips of the blades, performed in the United States.
Accordingly, we ruled that the blades were to be marked to indicate
that they were products of China.
In response to this ruling, you indicate that Dalex is marking
the "semi-finished" blades themselves with the words "Made in
China". In addition, the saw blade package is being marked "Made
in China" in the lower right hand corner, in the same size as the
words, "Dalex Redmond". The country of origin markings on the
photostatic copies of the packages are hand written in a
rectangular white space of about 1 inch by 2 3/8 inches. The
lettering of the country of origin marking measures about 3/16
inches or approximately 13.5 points. (A point is a unit of measurement approximately equal to 0.01384 inches or nearly
1/72 inches and all type sizes are multiples of this unit). The
marking reads:
MADE DISTRIBUTED
IN BY
CHINA DALEX INC
REDMOND ORE
USA
ISSUE:
Does the proposed marking for packages of saw blades as illustrated
by the sample photocopies meet the requirements of 19 CFR 134.46?
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 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. Congressional intent in enacting
19 U.S.C. 1304 was that the ultimate purchaser should be able to
know by an inspection of the marking on the imported goods the
country of which the goods is the product. The evident purpose 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 them, if such marking should influence his
will. United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. As provided in section 134.41, Customs Regulations
(19 CFR 134.41), the country of origin marking is considered to be
conspicuous if the ultimate purchaser in the U.S. is able to find
the marking easily and read it without strain.
In addition, section 134.46, Customs Regulations (19 CFR
134.46), requires that when 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, appear 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 (HQ 708994, dated April 24, 1978).
The purpose of 19 CFR 134.46 is to prevent the possibility of
misleading or deceiving the ultimate purchaser as to the origin of
the imported article.
In this case, the reference to a U.S. locality, "Redmond Ore",
on the saw blade packages triggers the requirements of 19 CFR
134.46. Assuming that the country of origin marking is legibly
printed and photostatic copies are accurate replicas of the saw
blade packages, the requirements of 19 CFR 134.46 would be
satisfied. The country of origin marking is in a comparable size
and in close proximity to U.S. geographic reference, Redmond, Ore.
The country of origin marking is also preceded by the words "Made
in".
HOLDING:
The country of origin marking as illustrated by the
photocopies of the saw blade packages satisfies the requirements
of 19 CFR 134.46 and the other requirements of 19 U.S.C. 1304.
Sincerely,
John Durant, Director