Receipt of Domestic Interested Party Petition Concerning Country of Origin Marking for Hinges

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