MAR-2 RR:NC:N1:113 G89369
Mr. Barnaby L. Zelman
Delta Z Knives, Inc.
P.O. Box 1112
Studio City, CA 91614
RE: THE COUNTRY OF ORIGIN MARKING OF KNIVES
Dear Mr. Zelman:
This is in response to your letter dated March 24, 2001, requesting a ruling on whether the proposed marking "ROC" or “Formosa” is an acceptable country of origin marking for imported knives. A marked sample was not submitted with your letter for review.
The merchandise consists of a variety of knives with or without fixed blades. You indicate that you are aware of the restrictions on automatic knives. You inquire as to the correct country-of-origin marking of knives made in Taiwan, whether “Formosa” or “ROC” is an acceptable substitute for the name Taiwan. You also inquire about marking the knives “Made in USA.”
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides 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 (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.
In T.D. 80-253 (October 16, 1980), Customs ruled that with respect to articles from Taiwan, the words "Republic of China" or the initials "ROC" by themselves do not denominate a government or state recognized by the U.S. Further, "Formosa" does not at present exist as a country, the island is now called "Taiwan". Articles manufactured or produced in Taiwan must bear the official country of origin marking "Taiwan" or "Made in Taiwan." In addition, if the abbreviation "R.O.C." or "Republic of China" appears, the country name "Taiwan" or the words "Made in Taiwan" must be adjacent to the abbreviation "R.O.C." or "Republic of China" for the marking to be acceptable.
Although some of the components of the knives may originate in the United States, nothing in your letter indicates that the knives may be considered other than of Taiwanese origin by law. Nevertheless, we advise you to contact the Federal Trade Commission, Division of Enforcement, 6th & Pennsylvania Avenue, NW, Washington, D.C. 20508 before you undertake to mark your finished product in that fashion since use of the phrase "Made in USA" is under that agency's jurisdiction.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, Section 134.41(a), Special marking requirements for knives are set forth at 19 C.F.R. §134.43(a), specifying that those and certain other articles are to be marked by means of die stamping, cast-in-mold lettering, etching, engraving, or by affixing metal plates to the article. Therefore, your knives must be marked in that manner “Made in Taiwan.”
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 212-637-7008.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division