NY J83429 - COUNTRY OF ORIGIN MARKING OF IMPORTED KNIFE SETS - United States International Trade Commision Rulings

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NY J83429

April 30, 2003

MAR-2 RR:NC:N1:113 J83429

CATEGORY: MARKING

Mr. Philip Kwok
Lifetime Hoan Corp.
Import Department
One Merrick Avenue
Westbury, NY 11590

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED KNIFE SETS

Dear Mr. Kwok:

This is in response to your letter dated April 15, 2003, requesting a ruling on whether it is acceptable to mark the container in which imported knives are repackaged in the U.S. with the country of origin in lieu of marking the article itself when no other markings appear on the article itself. A marked sample was submitted with your letter for review.

The sample you provided is item #CES14N, a 14-piece cutlery set containing 5 kitchen knives, a sharpening steel, kitchen shears, 6 steak knives and a wooden knife block. All of these items will be imported in bulk and repackaged into retail cardboard boxes in the United States. The retail package is printed with a U.S. reference “East Windsor, NJ” --- words which may mislead the ultimate purchaser as to the country of origin.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. From the sample, it is clear that you are aware of this requirement.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the set is the consumer who purchases the product at retail.

Section 134.43 requires that certain types of articles be marked in a specified manner. Knives and scissors are specifically identified in this regulatory provision as articles that shall be marked legibly and conspicuously by die stamping, castinthemold lettering, etching, or engraving. Although knives are subject to the special marking requirements of 19 CFR 134.43, Customs has previously ruled that such articles may be excepted from individual marking if the marking of their containers will satisfy the requirements of 19 CFR 134.32(d).

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. However, since the articles are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the port director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized at the discretion of the port director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In this case, assuming that the port director is satisfied that the imported articles will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the port director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported articles will not be required.

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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