Mar-2-05 CO:R:C:V 735201 AT
Mr. Greg J. Gasher
Border Brokerage Company
P.O. Box B
Blaine, Washington 98230
RE: Country of origin marking of imported cast iron soil pipes
paint stenciled with the word "Canada"; pipes; paint
stenciling of cast iron pipes; T.D. 86-15; 19 U.S.C. 1304(c);
Marking technically or commercially infeasible.
Dear Mr. Gasher:
This is in response to your letters dated June 7 and 16,
1993, on behalf of Titan Foundry Ltd. ("Titan"), requesting a
ruling on the country of origin marking of large diameter cast
iron soil pipes which Titan imports from Canada. A marked sample
pipe, brochure and literature of Titan's product were submitted
with your letters.
FACTS:
You state that Titan imports large diameter cast iron soil
pipe, ranging from approximately 2 inches to 10 inches in
diameter, from Canada. The pipes are manufactured in the
following manner:
Hubless cast iron pipe is spun in a flask, rotating at
speeds of 1500 to 1800 RPM. Within the tapered barrel of
the flask, the molten iron flows onto a bed of slurry
which provides a total one thousandth of an inch
isolation space between the molten cast iron pipe and the
spinning flask. The flask is tapered, with the largest
end receiving the extraction lance which removes the
cherry red pipe from the flask. Molten iron equal to the
weight is poured into the spinning flask at approximately
2550 F. An end plate installed as a closer at the
opposite end of the pipe stops the iron from running out.
The centrifugal force of the spinning throws the iron
around the walls of the flask mold and insures uniform
pipe thickness. The iron is allowed to solidify over 30
to 40 seconds, and cools to cherry red at about 1400 F.
At this point, the lance enters the barrel and extracts
the pipe from the mold. Critical to the success of
hubless pipe manufacture is a smooth, unbroken surface
between the molten pipe and the slurry coated flask.
Without this smooth surface, extraction of the pipe is
impossible. The pipes are then dipped in an asphaltic
mix to inhibit rust.
The pipes are paint stenciled and conspicuously marked with
the word "Canada" in silver white lettering approximately 64
point (a point is a unit of measurement equal to 0.01384 inch or
nearly 1/72 inch), along with its size and ASTM designation,
repeating every two feet along the entire length of the pipe.
Titan claims that the large cast iron soil pipes cannot be marked
by any of the four required methods provided in T.D. 86-15
(February 5, 1986), and therefore can only be marked with their
origin by paint stenciling.
Titan states that marking the cast iron pipes by cast in
mold lettering is not a viable method because of the spinning
process used in manufacturing the cast iron soil pipe. Also, if
cast in mold lettering was used it would probably be impossible
to remove the pipe from the mold.
Titan also states that because of the pipe's high carbon
content it is far too brittle to withstand the shock of die
stamping. A single hammer blow with a ball peen hammer is enough
to shatter the pipe. Once stamped, the pipe would either
immediately crack or its structural integrity would be affected
upon its use.
With respect to engraving or etching the pipe, Titan states
that although it may be possible to mark by this method, it is
impractical. The wall thickness currently expounded 2/16 to 3/16
of an inch makes it highly unlikely that a shallow engraving/
etching would be visible once the pipe is coated in the asphaltic
dip and any deep penetration of the pipe could cause cracking in
the pipe. In addition, straight edge cutting would be impeded
using a snap cutter.
Based on these considerations, you assert that the large
cast iron soil pipes can only be marked with their country of
origin by paint stenciling and that an exception from the four
prescribed methods of marking pipes provided in T.D. 86-15 is
warranted.
ISSUE:
Whether marking large cast iron soil pipes with their
country of origin by means of paint stenciling the word "Canada"
satisfies the marking requirements of 19 U.S.C. 1304(c)?
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, C.A.D. 104 (1940).
Section 207 of the Trade and Tariff Act of 1984, (Pub. L.
98-573), amended 19 U.S.C. 1304 to require, without exception,
that all pipe, tube, and pipe fittings of iron or steel be marked
to indicate the proper country of origin by means of cast-in-
mold lettering, die stamping, etching or engraving. 19 U.S.C.
1304(c). However, after the enactment of Section 207, it was
brought to the attention of Customs that certain pipe and pipe
fittings of iron or steel cannot be marked by any of the methods
prescribed by the section without rendering such articles unfit
for the purpose for which they were intended. Customs solicited
comments on this subject, and issued T.D. 86-15 (February 5,
1986), setting forth certain categories of articles which may be
marked by alternative methods. For certain categories of
articles, paint stenciling was the requisite method. For other
categories, paint stenciling or tagging of the bundles or the
containers was permitted. These categories of articles are
described in detail in T.D. 86-15.
In 1986, Congress enacted Pub. L. 99-514 which amended 19
U.S.C. 1304(c) to authorize alternative methods of marking for
pipe, tubes and fittings if, because of the nature of an article,
it is technically or commercially infeasible to mark by one of
the four prescribed methods. This amendment, codified at 19
U.S.C. 1304(c)(2), provides that in such case, "the article may
be marked by an equally permanent method of marking such as paint
stenciling or in the case of small diameter pipe tube or
fittings, by tagging the containers or bundles."
In this case, you have provided extensive support for your
position that the cast iron pipes cannot be marked by the four
prescribed methods, and therefore can only be marked by paint
stenciling. We have been advised by our Technical Branch,
Operations Division, Office of Laboratories & Scientific by a
memorandum dated September 8, 1993, that because of the character
and nature of the subject cast iron soil pipes, marking the pipes
by the four prescribed methods is technically infeasible. Also,
with respect to engraving or etching the pipes with the country
of origin, the Technical Branch informs that although it is
possible to mark the pipes by this method it is commercially
infeasible since the wall thickness currently expounded 2/16 to
3/16 of an inch makes it highly unlikely that a shallow
engraving/etching would be visible once the pipe is coated in the
asphaltic dip, and any deep penetration of the pipe could cause
cracking in the pipe. Based on these considerations, the
Technical Branch recommends that paint stenciling of the pipes be
allowed as an alternative method of marking in accordance with 19
U.S.C. 1304(c)(2). Accordingly, we find that marking the large
cast iron soil pipes by paint stenciling the word "Canada" in the
manner described above satisfies the marking requirements of 19
U.S.C. 1304(c) and is an acceptable country of origin marking for
the imported large cast iron soil pipes.
HOLDING:
The large cast iron soil pipes (ranging from approximately 2
to 10 inches in diameter) that Titan is importing, because of the
nature of the pipes, are technically or commercially infeasible
to mark by one of the four prescribed methods provided in 19
U.S.C. 1304(c). Accordingly, paint stenciling the pipes with the
word "Canada" in the manner described above satisfies the
requirements of 19 U.S.C. 1304(c) and is an acceptable country of
origin marking for the pipes.
Sincerely,
John Durant, Director