Country of origin marking of double-ferrule tube fitting;conspicuous; legible; special marking for fittings; 19 U.S.C.1304(c); 19 CFR 134.41; T.D. 86-15; small diameter; tagging ofbundles or containers

HQ 734718 April 22, 1993 MAR 2-05 CO:R:C:V 734718 RSD CATEGORY: MARKING Michael A. Johnson, Esq. Sonnenberg, Anderson, O'Donnell & Rodriguez 2000 South Wacker Drive 33rd Floor Chicago, Illinois 60606 RE: Country of origin marking of double-ferrule tube fitting; conspicuous; legible; special marking for fittings; 19 U.S.C. 1304(c); 19 CFR 134.41; T.D. 86-15; small diameter; tagging of bundles or containers Dear Mr. Johnson: This is in response to your submission dated July 7, 1992, on behalf of Bi-Lok Ihara Corporation, concerning the country of origin marking requirements for a line of stainless steel double ferrule tube fittings. You have submitted several samples of the fittings. FACTS: Bi-Lok Ihara Corporation of Meadville, Pennsylvania imports a line of stainless steel double ferrule tube fittings made in Japan. The fittings come in several different sizes but none of them exceeds 1 inch in internal diameter. Many of the fittings have nominal internal diameters of 1/2 inches or less. These fittings are used in instrumentation grade tubing systems such as steam vacuum systems, in cryogenic system gases such as nitrogen, oxygen and hydrocarbons, and in the petrochemical industry. The fittings are a specialized industrial product. They are not sold to or used by individual consumers for plumbing operations and they are not available in hardware stores. Each double ferrule tube fitting is composed of four parts: 1) body, 2) front ferrule, 3) back ferrule, and 4) nut. The double ferrules are the essential parts of the finished fittings which cause them to work in the high-pressure tubing systems in which they are installed. The bodies of the fittings and the nuts which are put on the fittings to hold the ferrules in place are specially machined to accept the ferrules and to allow them to form a tight seal around the tube inserted into the fitting. Since the ferrules are the essential parts of the fittings and are held in place by the specially machined nuts, the imported finished fittings are never sold without nuts. Additionally, Bi-Lok does not sell replacement bodies for the fittings. The finished fittings are imported completely assembled, lubricated and packaged. There are basically two types of fitting bodies for the double ferrule tube fittings: straight and redirection (or shaped-body). The straight fittings are made from cold-finished stainless steel hexagonal bar stock of stainless steel grade 316. Redirection fittings are made from close grained forgings. These forgings are produced in Japan by subcontractors of Ihara Corporation. Each fitting is imported from Japan with the marking "IHARA - Bi-lok - 316 - [size e.g. 3/8 A] - JAPAN. This marking is die- stamped on the nut around its outer edge with a rotary die- stamp. The body of the finished fitting, whether straight or shaped is rotary die-stamped under the threads next to the body with the following "IHARA - Bilok - 316" The letters of the marking on the nut appear to be larger than a 1/16 of an inch. However, the die-stamping on some of the smaller sized fittings is not very deeply ingrained into the metal. This makes the marking hard to notice. It is necessary to hold the fittings up to a light to be able to read the writing on the nut. Although the writing on the body of the fitting is approximately the same size, it is more deeply ingrained into the metal, making it easier to find and read. The boxes in which the fittings are sold are marked "Made in Japan on two sides, including the side where there is an U.S. address with Meadville, Pennsylvania on the boxes. You ask us to approve the country of origin marking on the nut. Alternatively, you propose substitution of "JAPAN" for "IHARA" on the fitting body. ISSUES: Does marking the finished fittings by rotary die-stamping the country of origin on the nuts of the fittings, or alternatively on the fitting body, satisfy 19 U.S.C. 1304(c) and 19 CFR 134.41? For the fittings of 1/4 inches or less in nominal internal diameter, is the marking of the boxes which reach the ultimate purchaser sufficient? 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 (1940). 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 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, involving the country of origin marking of pens, we indicated that there are certain factors that need to be considered in determining if the country of origin marking on an article is conspicuous within the meaning of 19 CFR 134.41 and 19 U.S.C. 1304. Among the factors that should be considered is the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be such that the ultimate purchasers 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 concerns the clarity of the letters and whether the ultimate purchaser could read the letters of the marking without strain. 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 some cases, a marking may be unacceptable even when it is in a large size because the letters are too hard to read or it is in a location where it would not be easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters particularly stand out, could compensate to make the marking acceptable. Special country of origin marking requirements apply to certain pipe and fittings. Specifically, section 207 of the Trade and Tariff Act of 1984 (19 U.S.C. 1304(c)) requires that pipe and pipe fittings of iron or steel be marked to indicate the country of origin of the article by means of die stamping, cast- in-mold lettering, etching, or engraving. This provision further provides that no exception from these marking requirements may be made under 19 U.S.C. 1304 (a)(3) for these products. However, if because of the nature of an article, it is technically or commercially infeasible to mark it by one of the four methods specified, the article may be marked by an equally permanent method of marking such as paint stencilling or, in case of small diameter pipe, tube, and fittings by tagging the containers or bundles. (19 U.S.C. 1304(c)(2)). In reviewing the sample pipe fittings, we find that the die- stamping of the country of origin marking on the nuts of the fittings is not acceptable marking because the marking is not conspicuous. The marking is not clear and is difficult to read. It will not be easily noticed from a casual inspection of the merchandise. To find the marking, it is necessary to hold the fittings up to a light and examine them very closely. This is primarily because the letters of the marking are not deeply embedded into the metal, and therefore cannot be easily read. We will not address the question of whether a conspicuous country of origin marking on a removable nut would be an acceptable location for marking fittings that are subject to the special marking requirements of 19 U.S.C. 1304(c). As an alternative the importer has suggested that if the markings on the nuts are not acceptable, it be allowed to mark the country of origin on the body of the fittings where the company name "IHARA" is now located. The letters in the name "IHARA" on the body of the fitting are much clearer and are easier to read. They are more likely to be noticed from a quick glance of the fittings. Therefore, if the country of origin marking is put on the fitting in the same manner and in the same location as the word "IHARA" we find that the marking would be conspicuous and legible and would satisfy the requirements of 19 CFR 134.41. We also note that because the marking is die-stamped on the fittings, it would satisfy the special marking requirements of 19 U.S.C. 1304(c). With respect to marking the fittings having a nominal diameter of one-fourth of an inch or less, T.D. 86-15 indicates that the required alternative marking methods are paint stenciling or the tagging of the bundles or containers. See also 19 U.S.C. 1304(c)(2) approving tagging the container or bundles of small diameter fittings. You indicate that the fittings are always imported and sold in boxes "tagged" conspicuously "MADE IN JAPAN" in the front panel as the sample submitted. We find that the boxes in which the fittings, with a nominal diameter of one- fourth of an inch or less, are imported and sold are containers and can be marked in lieu of marking the fittings. The country of origin markings on the sample boxes for the fittings are acceptable. HOLDING: The country of origin markings on the nuts of the sample fittings are not sufficiently legible and conspicuous to satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134.41. If the country of origin marking is moved to the body of the fitting and is applied in the same manner as the name "IHARA" then the marking would be sufficiently conspicuous and legible to satisfy 19 CFR 134.41. Since the "IHARA" is die-stamped, if the country of origin marking is applied by the same method, the marking would also satisfy special marking requirements for pipe fitting of 19 U.S.C. 1304(c). For the small fittings with a nominal diameter of one-forth inch or less in accordance with T.D.86-15, the country of origin marking of the boxes in which they are imported and sold such as that shown on the sample boxes would be acceptable. Sincerely, John Durant, Director Commercial Rulings Division