MAR 2-05 CO:R:C:V 732238 pmh

Mr. John Kenehan, Sr.
Kenehan International Services
727 Wright Brothers Lane
Las Vegas, NV 89119

RE: Country of origin marking requirements for cartridge pens which consist of an imported cap and barrel and a U.S.-made ball point cartridge

Dear Mr. Kenegan:

This is in response to your letter of February 21, 1989, on behalf of Fisher Pen Co. (the importer), addressed to Customs in New York and requesting a ruling on country of origin marking requirements for cartridge pens which consist of imported and domestic pieces. Your letter has been referred to this office for response.

FACTS:

The subject pen consists of a cap and barrel which are imported in bulk from Taiwan and a cartridge, spring and cap, which are manufactured in the U.S. by the importer. After importation, the importer combines the separate imported and domestic components into a finished pen. Sample components have been submitted for our examination. The imported barrel measures approximately 2-1/4 inches in length and the cap measures approximately 3-1/2 inches in length. Both pieces appear to be made of a decorative metal-like material. It is asserted that stamping the country of origin on the barrel or cap would crack the material. In addition, you have indicated that the finished pens are unique in that the cartridge is under gas pressure so that the pens will write in any position and does not require gravity for ink flow. They would be sold at retail in individual gift boxes. You have further indicated that the importer has proposed marking the imported pieces by means of an adhesive sticker which would be applied to the imported caps prior to importation and which would bear the words: "Barrel and Cap Made in Taiwan."

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Issue:

Whether country of origin marking on imported pen caps and barrels by use of an adhesive sticker complies with the requirements of 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.14(a), Customs Regulations, provides:

When an imported article is of a kind which is usually combined with another article after importation but before delivery to an ultimate purchaser and the name indicating the country of origin of the article appears in a place on the article so that the name will be visible after such combining, the marking shall include, in addition to the name of the country of origin, words or symbols which shall clearly show that the origin indicated is that of the imported article only and not that of any other article with which the imported article may be combined after importation.

In the instant case, the proposed marking of the pens with the words "Barrel and Cap Made in Taiwan," would satisfy the requirements of 19 CFR 134.14(a) in that the country of origin of the imported articles would be clearly indicated so as to distinguish those parts of the pen from the domestic parts with which they are combined after importation.

With regard to the permanency of the proposed method of marking, we find that an adhesive sticker is not the most permanent method of marking in this case. As noted above, 19 U.S.C. 1304 requires that an imported article be marked as "permanently as the nature of the article will permit." Section 134.41, Customs Regulations (19 CFR 134.41), provides that as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is

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suggested that the country of origin on metal articles be die sunk, molded in or etched. Section 134.44, Customs Regulations (19 CFR 134.44), provides that except for articles which are the subject of a ruling by the Commissioner of Customs or those articles classifiable in an item number specified in section 134.43, Customs Regulations (19 CFR 134.43) (not applicable here), any method of marking that is sufficiently permanent so that the marking will remain on the article until it reaches the ultimate purchaser unless it is deliberately removed, is acceptable. This section further provides that if paper stickers or pressure sensitive labels are used, they must be affixed so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. It is our opinion that the adhesive sticker you propose to use may not be sufficiently permanent due to the fact that the imported caps undergo an assembly process after importation; we cannot be sure the sticker will remain on the imported caps through that process. We note that it is general practice to put the country of origin mark on the spring clip of a pen by some permanent means such as engraving or die stamping.

However, in this case the pens will be sold to the ultimate purchaser in individual giftboxes. Therefore, pursuant to 19 U.S.C. 1304(a)(2)(D), we will allow the country of origin marking to appear on the giftbox, rather than on the pen, itself, provided such marking is legible and conspicuous and satisfies the requirements of 19 CFR 134.14(a).

HOLDING:

A pen which consists of a domestic cartridge, tip and spring and an imported cap and barrel, should be marked with the country of origin by a permanent means of marking, such as engraving. The use of paper stickers, pressure sensitive labels or string tags, to indicate the country of origin, can be used only if it can be demonstrated to Customs satisfaction that the pen cannot be marked by means of a permanent method of marking. If a sticker, label or string is used, it must meet all the specifications noted above, to be in full compliance with 19 U.S.C. 1304 and 19 CFR 134.14(a). In addition, if the pen will be sold to the ultimate purchaser in a box, the country of origin marking may appear on the box instead of on the pen, itself.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch