MAR-2-05 CO:R:C:V 735410 RSD

Mr. Fred Gunzer
Dalex USA- Importer and Distributors
1841 S.E. First Street
Suite D & E
Redmond, Oregon 97756

RE: Country of origin marking requirements for a semi-finished saw blade; packages with a U.S. place reference; 19 CFR 134.46; HQ 735086

Dear Mr. Gunzer:

This is in response to your letter dated October 25, 1993, requesting a ruling on the country of origin marking requirements for imported semi-finished saw blades. We regret the delay in responding to your letter. Accompanying your letter was photo- static copies of the packages for the saw blades.

FACTS:

Dalex imports components and manufactures and markets carbide cutting tools, including rotary saw blades. This case concerns rotary steel saw blades imported from China. The blank is manufactured in China. In HQ 735086 (October 20, 1993), Customs ruled that imported saw blade blanks were not substantially transformed by processing, such as sharpening the carbide tips of the blades, performed in the United States. Accordingly, we ruled that the blades were to be marked to indicate that they were products of China.

In response to this ruling, you indicate that Dalex is marking the "semi-finished" blades themselves with the words "Made in China". In addition, the saw blade package is being marked "Made in China" in the lower right hand corner, in the same size as the words, "Dalex Redmond". The country of origin markings on the photostatic copies of the packages are hand written in a rectangular white space of about 1 inch by 2 3/8 inches. The lettering of the country of origin marking measures about 3/16 inches or approximately 13.5 points. (A point is a unit of measurement approximately equal to 0.01384 inches or nearly 1/72 inches and all type sizes are multiples of this unit). The marking reads:

MADE DISTRIBUTED IN BY CHINA DALEX INC REDMOND ORE USA ISSUE:

Does the proposed marking for packages of saw blades as illustrated by the sample photocopies meet the requirements of 19 CFR 134.46?

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears (HQ 708994, dated April 24, 1978). The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.

In this case, the reference to a U.S. locality, "Redmond Ore", on the saw blade packages triggers the requirements of 19 CFR 134.46. Assuming that the country of origin marking is legibly printed and photostatic copies are accurate replicas of the saw blade packages, the requirements of 19 CFR 134.46 would be satisfied. The country of origin marking is in a comparable size and in close proximity to U.S. geographic reference, Redmond, Ore. The country of origin marking is also preceded by the words "Made in".

HOLDING:

The country of origin marking as illustrated by the photocopies of the saw blade packages satisfies the requirements of 19 CFR 134.46 and the other requirements of 19 U.S.C. 1304.

Sincerely,

John Durant, Director