COUNTRY OF ORIGIN MARKING OF IMPORTED KNIVES

N250646 March 20, 2014 MAR-2 OT:RR:NC:1:118 CATEGORY: MARKING Mr. Larry Hampel Watergate 600 New Hampshire Ave. NW Washington, DC 20037 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED KNIVES Dear Mr. Hampel: This is in response to your letter dated February 18, 2014, on behalf of your client Frost Cutlery LLC. Your request proposes marking the retail containers of imported knives in lieu of marking the articles themselves. You submitted pictures of five different models of knives along with pictures of the containers in which they will be imported into the United States. Model number HRI-030 is a set of 4 steak knives packaged in a clear plastic clamshell with an insert card. The back of the insert card contains a brief description of the knives, care instructions, years of warranty, UPC code and the item number. “MADE IN CHINA” is marked directly above the item number and is in the same size font as the care instructions. Model number TS-192, called a “Trophy Stag”, is a hunting knife with a fixed steel blade. It is packaged in a cardboard box along with a fitted leather sheath. The top of the box is marked with the name and a picture of the knife. One of the side panels of the box contains the product description and UPC code. “PAKISTAN” is marked directly under the UPC code. You have stated that both the hunting knife and sheath are made in Pakistan. Model number TA-013, called a “Combat Axe II”, is an axe with a steel blade. It is packaged in a cardboard box along with a fitted nylon sheath. The top of the box is marked with the name and a picture of the knife. One of the side panels of the box contains the product description and the UPC code. “CHINA” is marked directly under the UPC code. You have stated that both the hunting knife and sheath are made in China. Model number 14-542 RMR, called a “Deer Slayer”, is a hunting knife with a fixed steel blade. It is packaged in a cardboard box along with a fitted leather sheath. The top of the box is marked with the name and a picture of the knife. One of the end panels of the box contains the model number and name of the knife. “PAKISTAN” is marked directly under the knife’s name. You have stated that both the hunting knife and sheath are made in Pakistan. Model number SW-108ITS, called a “Steel Warrior”, is a pocket knife with two folding stainless steel blades and is packaged in a cardboard. The top of the box is marked with the name and a picture of the knife. One of the side panels of the box contains the product description and the UPC code. “CHINA” is marked on the side of the UPC code. 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(s) of the knives described above is the consumer(s) who purchases the products at retail. Special marking requirements for knives are set forth in 19 CFR 134.43(a) specifying that knives 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. However, these requirements have been construed to be subject to the general exception from individual country of origin marking provided for in 19 U.S.C. 1304(a)(3)(D), which permits an article to be excepted from marking if the marking of its container will reasonably indicate its country of origin. The exception is set forth in the regulations at 19 CFR 134.32(d). In line with the above, the Frost Cutlery LLC knives, model numbers HRI-030, TS-192, TA-013, 14-542, and SW-108ITS which are imported in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the containers in which the knives are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported knives provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. 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 Anthony Grossi at (646) 733-3021. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division