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