MAR 2-10 RR:TC:SM 559976 KBR
K.I. (Karin) Muller
Manager, Regulatory Affairs
Williston International LTD.
6725 Airport Road, Suite 101
Mississauga, Ontario, Canada L4V 1V2
RE: Country of Origin Marking of Steel Coils
Dear Ms. Muller:
This is in response to your letter on behalf of your client,
Cold Metal Products, dated July 3, 1996, concerning the country
of origin marking of cold rolled steel coils. You included
samples of your current method of country of origin marking. We
apologize for the delay in responding.
FACTS:
Your client, Cold Steel Products, intends to export into the
U.S. from Canada cold rolled steel coils which are manufactured
in Canada for further manufacture in the U.S. by auto stamping
plants. You state that the current exportations are marked with
the country of origin of the cold rolled steel coils in three
different locations - - a sticker on the band of each coil, a tag
on each skid of coil, and a stencil on each full coil. You state
that you would like to mark the country of origin on the skid of
coils only.
ISSUE:
May the steel coils be marked with their country of origin
only on the skid?
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 its 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. Friedlander & Co., 27
C.C.P.A. 297 at 302; C.A.D. 104 (1940). Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and the exceptions of 19 U.S.C. 1304.
Section 134.32(d), provides that an article may be excepted
from individual country of origin marking if the marking of its
container will reasonably indicate its origin. In this case the
steel coils are packed onto skids. The skid is the container of
the steel coils. Therefore, either each steel coil or the skid
of steel coils must be marked with its country of origin, Canada.
In this case, Cold Metal Products wishes to only mark each skid
with the country of origin. We find that marking only the skid
with the country of origin tag as shown on the sample will
satisfy the country of origin marking requirements provided that
the coils reach the ultimate purchaser in the U.S. on the skids.
HOLDING:
Based on the information submitted and provided that the
articles reach the ultimate purchaser on the skids, we find that
the only the skid of cold rolled steel coils must be marked with
the appropriate country of origin, Canada.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division