MAR-2-05 CO:R:C:V 731544 KG
John H. Nessley
Edward S. Zerwekh Company
359 No. Oak Street
Inglewood, California 90302
RE: Country of origin marking requirements for pocket knife
Dear Mr. Nessley:
This is in response to your letter dated June 21, 1988,
requesting a ruling on whether your proposed method of marking a
stainless steel pocket knife satisfies section 304 of the Tariff
Act of 1930, as amended (19 U.S.C. 1304).
FACTS:
Your client imports stainless steel pocket utility knives
which are made in Japan. The knife contains six blades. One
blade is a knife, a second blade is a saw, a third blade is a
screwdriver, a fourth blade is a nail file, a fifth blade is a
tweezers and a sixth blade is a scissors. The country of origin
marking is located on the inside of the base of the knife blade.
You advised a member of my staff that the knife is packaged in a
heavy plastic sleeve that has a flap with a snap on it to open
and close the packaging. The consumer would be able to open the
snap and examine the knife before purchasing it.
ISSUE:
Whether a country of origin marking on the inside of the
base of the knife blade of a folding utility pocket knife is in
accordance with 19 U.S.C. 1304.
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 (1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Knives, in particular, are required by section
134.43, Customs Regulations (19 CFR 134.43), to be marked
legibly and conspicuously by die stamping, cast-in-the-mold
lettering, etching (acid or electrolytic), engraving or by means
of metal plates.
Examination of the submitted knife reveals that it is
legibly and permanently marked with the country of origin by
stamping the inside of the base of the knife blade. The issue
presented by these facts is whether the marking is conspicuous.
Section 134.41, Customs Regulations (19 CFR 134.41), requires
that "the ultimate purchaser in the U.S. must be able to find the
marking easily and read it without strain." A marking should be
placed in a location where the ultimate purchaser would be
expected to look. For instance, garments are generally required
to be marked in the neck area. See HQ 731600 (November 15,
1988), HQ 730768 (November 3, 1988). Knives are generally marked
on the base of the primary blade. It is reasonable to assume
that a purchaser of a pocket knife would unfold and examine each
blade, particularly the knife blade. The method of packaging of
the knife is designed to enable the consumer to open the
packaging and examine the product. Further, the lettering is
about the same size as lettering indicating that the product is
made of stainless steel and is in all capital letters and of
sufficient size and prominence that it is easily readable.
Therefore, the country of origin marking on the knife blade of
the utility pocket knife is in accordance with 19 U.S.C. 1304 and
Part 134, Customs Regulations (19 CFR Part 134).
HOLDING:
The country of origin marking on the inside of the base of
the knife blade of a stainless steel utility pocket knife is
conspicuous and satisfies 19 U.S.C. 1304 and Part 134, Customs
Regulations (19 CFR Part 134).
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch