[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5262]
[[Page Unknown]]
[Federal Register: March 8, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 175
Receipt of Domestic Interested Party Petition Concerning Country
of Origin Marking for Cast Iron Soil Pipe
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Notice of receipt of domestic interested party petition;
solicitation of comments.
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SUMMARY: Customs has received a petition filed on behalf of domestic
interested parties concerning the country of origin marking
requirements for cast iron soil pipes used primarily to convey waste
water. Currently, Customs has permitted the importation of such pipes
if they are marked to indicate their country of origin by cast-in-mold
letters on the lips or edges or hubs of the pipes. The petition
requests that Customs adopt a new rule under which the marking of all
cast iron soil pipes would have to appear on the barrel of the pipe by
paint stenciling in order to be considered conspicuous and legible and
in compliance with the special marking requirements for pipes and tubes
set forth at 19 U.S.C. 1304(c). Public comment is solicited regarding
the application of these marking requirements to imported cast iron
soil pipe.
DATES: Comments must be received on or before 60 days from the date of
publication in the Federal Register.
ADDRESSES: Comments (preferably in triplicate) may be submitted to the
U.S. Customs Service, Regulations Branch, Office of Regulations and
Rulings, 1301 Constitution Avenue, NW., (Franklin Court), Washington,
DC. 20229. Comments may be viewed at the Office of Regulations and
Rulings, Franklin Court, 1099 14th Street, NW., suite 4000, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Dinerstein, Value and
Marking Branch, Office of Regulations and Rulings, U.S. Customs Service
(202) 482-7010.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to section 516, Tariff Act of 1930, as amended (19 U.S.C.
1516), and part 175, Customs Regulations (19 CFR part 175), a domestic
interested party may challenge certain decisions made by Customs
regarding imported merchandise which is claimed to be similar to the
class or kind of merchandise manufactured, produced, or wholesaled by
the domestic interested party. This document provides notice that
domestic interested parties are challenging a marking decision made by
Customs.
The petitioners are The American Brass & Iron Foundry and Charlotte
Pipe and Foundry Company. Both of these entities are domestic
interested parties within the meaning of section 516(a)(2), Tariff Act
of 1930, as amended (19 U.S.C. 1516(a)(2)).
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.
Section 207 of the Trade and Tariff Act of 1984, (Pub. L. 98-573),
amended 19 U.S.C. 1304 to require, without exception, that all pipe,
tube, and pipe fittings of iron or steel be marked to indicate the
proper country of origin by means of die stamping, cast-in-mold
lettering, etching or engraving. 19 U.S.C. 1304(c). In 1986, Congress
enacted Public Law 99-514 which amended 19 U.S.C. 1304(c) to authorize
alternative methods of marking if, because of the nature of an article,
it is technically or commercially infeasible to mark by one of the four
prescribed methods. The amendment, codified at 19 U.S.C. 1304(c)(2),
provides that in such case, ``the article may be marked by an equally
permanent method of marking such as paint stenciling or in the case of
small diameter pipe, tube, and fittings, by tagging the containers or
bundles.''
The petitioners contend that in order for the marking of the
imported pipes to be considered conspicuous and legible and be in
accordance with 19 U.S.C. 1304(c), they must be marked on their barrels
by paint stenciling. Customs presently has no requirement for cast iron
soil pipe to be marked in any particular location or that any method
other than those specified in 19 U.S.C. 1304(c) be used to mark the
pipe. Customs has allowed cast iron pipe to be marked on its side or
lip with cast-in-mold letters. Counsel for the petitioners maintains
that such marking is not conspicuous or legible and therefore is not in
compliance with the requirements of the 19 U.S.C. 1304. It is alleged
that the ultimate purchasers of the soil pipe, general contractors or
plumbing subcontractors, are usually unable to determine the country of
origin of the pipe because the marking is not conspicuous or legible.
Petitioners have furnished several letters and statements from plumbing
contractors attesting that it is important for them to know the country
of origin of the soil pipe they install, but often they are unable to
tell its country of origin.
Counsel for the petitioners contends that it is not technically and
commercially feasible to conspicuously and legibly mark cast iron soil
pipes by any of the four methods mentioned in 19 U.S.C. 1304(c)(1).
Accordingly, petitioners argue that Customs should apply 19 U.S.C.
1304(c)(2) and require that cast iron soil pipes be marked by paint
stenciling.
Previously, the petitioners requested a ruling on whether a sample
soil pipe was legally marked. The marking was on the side or lip or hub
of the pipe in cast-in-mold letters. Customs concluded that the marking
was sufficiently conspicuous and legible to satisfy the requirements of
19 U.S.C. 1304 and that marking duties should not be assessed against
entries of this merchandise. (Headquarters Letter 734818, March 31,
1993.) Petitioners believe that this determination is incorrect and
challenge it. They claim that because the country of origin marking is
at the end of the pipe, it is hard to find and in a location where
users of the pipes do not expect to find such information. It is
further represented that it is the American pipe industry's practice to
put the important information about pipes on their barrels. The
petitioners also point out that the markings are difficult to read
because of the small surface area at the end of the pipes, the minimal
thickness of the raised lettering, lack of color contrast, and because
often a tar coating covers the lettering. The petition also states that
the pipes are often stored in large stacks and that the ultimate
purchaser would have to lift the end of each pipe to examine the
marking, but this is usually not feasible because the pipes are heavy
and delivered in large quantities.
We invite comments from the public as to whether marking on
imported cast iron soil pipes by cast-in-mold letters on the side of
pipe is sufficiently conspicuous and legible to satisfy the
requirements of 19 U.S.C. 1304. We also seek comments as to whether the
pipes can be conspicuously and legibly marked through one of the four
methods mentioned in 19 U.S.C. 1304(c)(1), or if paint stenciling on
the barrel of the pipe must be used to achieve a conspicuous and
legible marking.
Comments
Pursuant to Sec. 175.1(a), Customs Regulations (19 CFR 175.21(a)),
before making a determination on this matter, Customs invites written
comments from interested parties. The petition of the domestic
interested party, as well as all comments received in response to this
notice, will be available for public inspection in accordance with the
Freedom of Information Act (5 U.S.C. 552), Sec. 1.4, Treasury
Department Regulations (31 CFR 1.4) and section 103.11(b), Customs
Regulations (19 CFR 103.11(b)) on regular business days between the
hours of 9 a.m. and 4 p.m. at Regulations Branch, suite 4000, Franklin
Court, 1099 14th Street, NW., Washington, DC 20229. Appointments to
inspect the petition and comments can be made by contacting the
Regulations Branch at 202-482-6970.
Authority
This notice is published in accordance with Sec. 175.21(a), Customs
Regulations (19 CFR 175.21(a)).
Drafting Information
The principal drafter of this document was Mr. Robert Dinerstein,
Value and Marking Branch, U.S. Customs Service. Personnel from other
Customs offices participated in its development.
George J. Weise,
Commissioner of Customs.
Approved: February 11, 1994
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 94-5262 Filed 3-7-94; 8:45 am]
BILLING CODE 4820-02-P
