MAR-2-05 CO:R:C:V 734484 KR
Ms. Ruby L. Wood ATTY FACT
Evans And Wood & Co., Inc.
P.O. Box 610005
Dallas Fort Worth Airport, TX 75261
RE: Country of origin marking of a hunting knife and a fillet
knife; 19 CFR 134.24(d); unsealed disposable containers; 19 CFR
134.43.
Dear Ms. Wood:
This is in response to your letter received on February 3,
1992, requesting a country of origin ruling on behalf of your
client, B & F Systems, regarding a hunting knife and a fillet knife
which you intend to import from Japan. A sample of each knife each
with a sheath and an unsealed carton was submitted for examination.
This ruling will apply only to the knives described infra.
FACTS:
You intend to import two models of knives both of which are
made in Japan. A hunting knife, model SKMX1 is imported with
"MAXAM JAPAN-S" engraved in the blade. A fillet knife, model SKFM1
is imported with "1087-M JAPAN" engraved in the blade. The knives
are inside a simulated leather sheath. The knife and sheath are
imported inside an unsealed cardboard carton. "JAPAN" appears on
the bottom flap of the carton with the model number of the hunting
knife. "MADE IN JAPAN" appears with the model number on the bottom
flap of the carton of the fillet knife. Pictures of each knife
outside of its sheath appears on the back of its respective
carton.
You state that you believe the country of origin marking on
the cartons satisfies Customs regulations. However, you also
state, that in the alternative, the carton is not sealed and the
consumer will open the carton and inspect the knife itself. Since
the country of origin marking is engraved in the blade of the knife
you believe this is sufficient to satisfy Customs marking
regulations.
ISSUE:
Whether the country of origin marking on the knives satisfies
the country of origin marking requirements of 19 U.S.C. 1304 and
if not, whether the cartons containing the knives are adequately
marked by placing "JAPAN" or "MADE IN JAPAN" on the bottom flap..
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. The Court of International Trade
stated in Koru North America v. United States, 701 F. Supp. 229,
12 CIT 1120 (CIT 1988), that "in ascertaining what constitutes the
country of origin under the marking statute, a court must look at
the sense in which the term is used in the statute, giving
reference to the purpose of the particular legislation involved."
The purpose of the marking statute is outlined in United States v.
Frielaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the
court stated that: "Congress intended 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."
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR
134.41(b), mandates that the ultimate purchaser in the U.S. must
be able to find the marking easily and read it without strain.
Section 134.1(d), Customs Regulations, (19 CFR 134.1(d)),
defines the ultimate purchaser as generally the last person in the
U.S. who will receive the article in the form in which it was
imported. The hunter or fisherman is the ultimate purchaser in
this situation.
Knives are specifically addressed in the regulations. 19 CFR
134.43 requires knives 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...."
In HQ 734063 (May 21, 1991), Customs held that pursuant to 19
CFR 134.24(d), if the "unsealed disposable containers of imported
merchandise ... is normally opened by the ultimate purchaser prior
to purchase, only the article need be marked." See also, HQ 732271
(April 27, 1990). We stated that some of the factors to look at
to determine if the article involved is something that the ultimate
purchaser would remove from its carton to inspect prior to purchase
were:
1. Whether a prospective purchaser will want to remove
the article from its container to inspect it to find out
exactly what he or she may be buying; and
2. Whether the article is the type which a prospective
purchaser would be likely to remove from its container
in order to examine it prior to purchase to see if it
was broken or chipped.
In C.S.D. 80-32 (July 10, 1979), Customs ruled that the
ultimate purchaser would normally remove the knife in that case
from its sheath to examine the blade itself and, therefore, the
sheath did not have to be marked because the blade was marked.
See also, HQ 731544 (May 16, 1989). We find the same reasoning to
be persuasive in this case. These are specialized knives made for
specific activities. We find that the ultimate purchaser would
normally remove the knives from the unsealed cartons and sheaths
to inspect the knives. The country of origin marking appears on
the knife itself and is sufficient to satisfy the requirements of
19 U.S.C. 1304, and 19 CFR 134.43. Assuming the unsealed cartons
contain no misleading markings (such as a U.S. address) the marking
of the knives alone is sufficient. As such, we make no finding
regarding the conspicuousness of the country of origin marking on
the containers.
HOLDING:
The ultimate purchasers of the knives will normally remove
the knives from the unsealed cartons and sheaths to inspect the
knives. Therefore, marking the blade with the country of origin
will satisfy Customs marking requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division