[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Notices]
[Pages 49970-49971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23953]
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DEPARTMENT OF THE TREASURY
Customs Service
Receipt of Domestic Interested Party Petition Concerning Country
of Origin Marking for Hinges
AGENCY: 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 a domestic
interested party concerning the country of origin marking requirements
for metal hinges. The petitioner requests that Customs require imported
metal hinges to be marked individually by a die sunk, molding or
etching process in a conspicuous place such as the exposed
[[Page 49971]]
surface of the hinge. The petitioner contends that the country of
origin marking on the container in which hinges are imported is not
sufficient. Public comment is solicited regarding the application of
the marking requirements to imported metal hinges.
DATES: Comments must be received on or before November 27, 1995.
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: Monika Rice, Special Classification
and Marking Branch, Office of Regulations and Rulings, U.S. Customs
Service, (202-482-6980).
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 a
domestic interested party is challenging the marking requirements of
imported metal hinges.
The petitioner is Hager Hinge Company, a domestic manufacturer of
hinges. This entity qualifies as a domestic interested party within the
meaning of 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 shall
be marked in a conspicuous place with the English name of the country
of origin. The country of origin marking requirements and exceptions of
19 U.S.C. 1304 are implemented by part 134, Customs Regulations (19 CFR
part 134).
The hinges at issue are classifiable under subheading 8302.10.60 or
subheading 8302.10.90, Harmonized Tariff Schedule of the United States
(HTSUS), depending on the material of construction which basically is
brass, aluminum, steel, or stainless steel. Hinges are stamped from
dies with knuckles rolled, milled or reamed; assembled with bearings,
if required; polished to remove impurities on the face or knuckle; and
electroplated. Steel hinges are described as having great strength,
which can be electroplated with various finishes, and are most commonly
used in controlled environments, such as the interior of a building.
Stainless steel hinges are also described as having great strength, are
non-corrosive, and can be polished to either bright or satin finishes,
but may not be electroplated in the same manner as steel. Brass hinges
are described as having less strength than steel or stainless steel,
and may not be used on fire rated door applications, but may be
electroplated with many finishes. Additionally, there are four basic
types of hinges: Full Mortise (the most common, comprising 90 percent
of all hinges used), Full Surface, Half Mortise, and Half Surface. A
Full Mortise hinge is mortised to both the door and the frame; the Full
Surface hinge is affixed to the surface (not recessed) of the door and
the frame; the Half Mortise hinge is mortised to the door (recessed)
and surface applied to the frame; and the Half Surface hinge is surface
applied to the door and mortised to the frame (recessed). The hinges
described above are stated to be sold through distributors for sale in
hardware stores and home centers, and are also sold in bulk to general
and sub-contractors for use in building construction.
The petitioner contends that the country of origin marking on these
imported metal hinges be placed onto each individual hinge by a die
sunk, molding or etching process in a conspicuous place such as the
exposed surface of the hinge. The petitioner contends that the country
of origin marking on the container in which the hinges are imported is
not sufficient because, in practice, the hinges are often removed from
their container before reaching the ultimate purchaser. In a retail
setting, hinges may be removed from their container and sold from bulk
bins for easy access and examination. Furthermore, in building
construction, the petitioner contends that the building purchaser has
less likelihood of ascertaining the country of origin which is
important in determining the quality of a building's construction. The
petitioner contends that despite the certification requirements imposed
by 19 CFR 134.26 for repackaged articles, and the demand for liquidated
damages under 19 CFR 134.54(a) for failure to adhere to the
certification, anything less than individual marking on each metal
hinge is statutorily insufficient. Consequently, the petitioner
proposes that Customs require imported metal hinges to be marked
individually by a die sunk, molding or etching process in a conspicuous
place because as stated in 19 CFR 134.41, as a general rule, marking
requirements are best met by marking worked into the article at the
time of manufacture and it is suggested that the country of origin on
metal articles be die sunk, molded, or etched.
Comments
Pursuant to Sec. 175.21(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 Sec. 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 the Regulations Branch, Suite 4000,
Franklin Court, 1099 14th Street, NW., Washington, D.C.
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 Monika Rice, Special
Classification and Marking Branch, United States Customs Service.
Personnel from other Customs offices participated in its development.
George J. Weise,
Commissioner of Customs.
Approved: August 28, 1995.
John P. Simpson
Deputy Assistant Secretary of the Treasury
[FR Doc. 95-23953 Filed 9-26-95; 8:45 am]
BILLING CODE 4820-02-P
