[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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