MAR-2-05 CO:R:V:C 733656 RSD
Ms. MaryBeth Gilman
The American Historical Foundation
1142 West Grace Street
Richmond, Virginia 23220
RE: Country of origin marking on commemorative collectible
firearms; 19 CFR 134.41(b), 19 CFR 134.46
Dear Ms. Gilman:
This is in response to your letter dated April 25, 1990,
requesting a ruling on the country of origin of certain replica
firearms manufactured in Italy.
FACTS:
The American Historical Foundation (Foundation) is a
privately owned corporation dealing in commemorative collectible
firearms. The commemorative firearms and knives are sold to
members and the public through media advertising.
The firearms to be imported are replicas of 1) Colt black
powder revolvers models 1851 Navy and 1847 Walker (gold plated)
and 2) Henry repeating rifles Constitution model (brass plated),
Jefferson Davis model (silver plated), and Abraham Lincoln model
(gold plated). These guns are replicas of historical guns and
are fully capable of firing ammunition. The rifles and the
revolvers are handcrafted and elaborately engraved. In lieu of
samples of these firearms, the Foundation furnished drawings to
show their proposal for the country of origin marking of the
firearms. In addition, the Foundation submitted sales literature
including photographs of the guns.
The lever action Henry rifles have the country of origin
marking on the bottom of the frame which is hidden by the finger
lever. The marking is as follows:
CAT 1559 Houston Texas AL 250
A. Uberti-Italy
The revolvers are also marked on bottom of the barrel
underneath a loading lever. The marking reads "CAL 36 Black
POWDER ONLY AUBERTI-ITALY" on the 1851 navy revolvers and "CAL 44
BLACK POWDER ONLY AUBERTI-ITALY" on the 1847 Walker revolvers.
The Foundation has indicated that it is reluctant to stamp the
word Italy in a more prominent location because it may detract
from the historical reproductions and their artistic quality.
However, the Foundation has indicated that it would attach string
hang tags to present country of origin marking for the guns.
ISSUES:
Does country of origin marking on collectible commemorative
guns with the addition of a string hang tag satisfy 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), 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).
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.
The country of origin marking on the barrel on the frame of
the rifles and the revolvers is not easily found because it is
obscured by the loading leaver. The marking on the guns will not
readily be seen by the ultimate without pulling down the loading
lever. Accordingly, we find the proposed country of origin
markings on the guns are not conspicuous. However, the
Foundation has indicated that it would also attach string hang
tags to the guns to present the country of origin of the
firearms. Without seeing a sample of the hang tag and how it
will be placed on the guns, we are not able to determine whether
the country of origin marking would be sufficiently permanent,
conspicuous, and legible to satisfy the requirements of 19 U.S.C.
1304. However, if the hang tag is substantial and the country of
origin marking is conspicuous and legible, then the country of
origin marking on the gun combined with the addition of the
country of origin marking on the hang tag would be acceptable
under 19 U.S.C. 1304. Section 134.41(b) Customs Regulations (19
CFR 134.41(b)) requires that the degree of permanence should be
at least sufficient to insure that in any reasonable foreseeable
circumstance, the marking shall remain on the article (or its
container) until it reaches the ultimate purchaser unless it is
deliberately removed. The marking must survive normal
distribution and store handling.
We also note that since the name of a U.S. city, Houston,
Texas, appears on the Henry Rifles, the requirements of 19 CFR
134.46 are triggered. Therefore, the country of origin must be
marked permanently and legibly in close proximity to the name of
the U.S. city in at least comparable sized letters preceded by
"Made In," "Product Of" or other words of similar meaning on the
Henry Rifles.
In addition, you should be aware that the Bureau of Alcohol,
Tobacco and Firearms has further marking requirements for the
importation of firearms. If you need information regarding these
marking requirements please contact the Bureau of Alcohol,
Tobacco and Firearms, Washington, D.C. 20226.
HOLDING:
The country of origin marking on the frame of the rifles
and the barrel of the revolvers is not conspicuous because it is
obscured by the loading lever and is not easily found without
removing a part of the gun. The addition of a hang tag to
indicate the country of origin would be acceptable to satisfy the
requirement of 19 U.S.C. 1304 provided that the hang tag is
sufficiently permanent and the marking is conspicuous and
legible. Because a name of a U.S. city, is on the Henry rifles
the requirements of 19 CFR 134.46 is invoked. The words "Made
In," Product Of," or other words of similar meaning must precede
the country of origin marking. The country of origin marking on
the Henry rifles otherwise satisfies the remaining requirements
of 19 CFR 134.46.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
CC: Ass't Area Dir, NIS
NY (852062)