Mar-2-05 CO:R:C:V 735062 AT
Mr. Dennis Millard
Adcock Manufacturing Corporation
1550 West 132nd Street
Gardena, California 90249
RE: Country of origin marking of agricultural harvesting knives;
19 CFR 134.41(b); conspicuous
Dear Mr. Millard:
This is in response to your letter dated March 22, 1993,
requesting a ruling on the country of origin marking of
agricultural harvesting knives which your company intends to
import from China. Samples with the proposed markings were
submitted with your letter.
FACTS:
Adcock Manufacturing Corporation intends to import
agricultural harvesting knives from China. We assume that the
knives are made in China. All the sample knives have the words
"China" molded into the handle in letters approximately 9 point
type (a point is a unit of measurement equal to 0.01384 inch or
nearly 1/72 in., and all type sizes are multiples of this unit).
No other markings appear on the knives. You have requested a
determination as to whether the proposed method of marking is
acceptable.
ISSUE:
Whether the country of origin marking described above
satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134?
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(b), Customs
Regulations (19 CFR 134.41(b)), 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 HQ 733940 (October 24, 1991), Customs set forth some
factors to be considered in determining if the country of origin
marking on imported pens was conspicuous within the meaning of 19
CFR 134.41 and 19 U.S.C. 1304. Customs stated that among the
factors to be considered was the size of the marking, the
location of the marking, whether the marking stands out, and the
legibility of the marking. Customs also stated that the size of
the marking should be large enough so that the ultimate
purchaser can easily see the marking without strain. The
location of the marking should be in a place where the ultimate
purchaser could expect to find the marking or where he/she could
easily notice it from a casual inspection. Whether the marking
stands out is dependent on where it appears in relationship to
other print on the article and whether it is in contrasting
letters to the background. The legibility of the marking is
determined by the clarity of the letters and whether the ultimate
purchaser could read the letters of the marking without strain.
Furthermore, Customs said that no single factor should be
considered conclusive by itself in determining whether a marking
meets the conspicuous requirement of 19 CFR 134.41 and 19 U.S.C.
1304. Instead, it is the combination of these factors which
determines whether the marking is acceptable.
In applying these factors to the sample harvesting knives,
we first find that the origin marking "China" which appears on
the handle of each knife is easily noticeable from a casual
inspection of the article. Although the country of origin
marking is not in a contrasting color, nevertheless, it can be
easily seen since the size of the lettering is 9 point type.
Also, the word "China" molded into the handle of each sample
knife is clear and can be easily read without strain.
Considering the above factors together, we find that the country
of origin marking on the sample harvesting knives satisfies the
conspicuousness requirement of 19 CFR 134.41 and 19 U.S.C. 1304.
Pursuant to 19 CFR 134.43, certain specified articles,
including knives, shall be marked legibly and conspicuously by
die stamping, cast-in-mold lettering, etching, engraving or by
means of metal plates. The sample knives are marked by means of
lettering molded into the handle and satisfy these special
marking requirements. There is no requirement that the country
of origin marking must appear on the blades themselves, only that
the article be conspicuously marked as we have determined above.
HOLDING:
The proposed country of origin marking on the submitted
sample agricultural harvesting knives as described above,
satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR
Part 134.
Sincerely,
John Durant, Director