HQ 0732208 - Country of origin marking requirements applicable to imported valves - United States International Trade Commision Rulings

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HQ 732208

December 18, 1989

MAR-2-05 CO:R:C:V 732208 jd

CATEGORY: MARKING

Mr. Glenn R. Levitt
Associated Customshouse Brokers, Inc.
One Airport Way, Suite 205
P.O. Box 22670
Rochester, New York 14692

RE: Country of origin marking requirements applicable to imported valves

Dear Mr. Levitt:

This is in reply to your letter of March 6, 1989, concerning the application of country of origin marking requirements to valves imported from France. We regret the delay in responding.

FACTS:

According to your submission, your client proposes to import finished valves from France. The valves will have no country of origin marking on them, but will be contained in individual sealed boxes imprinted with the words "MADE IN FRANCE." Other printing on the box includes a company name, and a part number. You believe the valves qualify for an exception to individual marking under { 134.32(d), Customs Regulations (19 CFR 134.32(d)), and request a ruling affirming this.

ISSUE:

Are the valves referred to above eligible for an exception to individual country of origin marking if they are received by ultimate purchasers in properly marked, unopened containers?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States 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 United States the English name of the country of origin of the article. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)), defines ultimate purchaser as "generally the last person in the U.S. who will receive the article in the form in which it was imported."

Section 134.32, Customs Regulations (19 CFR 134.32), sets forth a list of circumstances which except articles from the requirement that they be individually marked. One such circumstance of relevance to the valves under consideration is { 134.32(d), "[a]rticles for which the marking of the containers will reasonably indicate the origin of the articles".

Based upon an examination of the marking on the boxes submitted, it is the opinion of this office that the marking will reasonably indicate the origin of the valves therein. It seems likely to us that valves will remain in these boxes since the boxes carry advertising in the form of a company name, and display a part number. The valves themselves, although imprinted with some numbers, do not repeat the part number present on the box. Since a part number is necessary information when selecting a valve, we assume the valves will remain in these boxes for purposes of identification.

However, you have provided no information as to who will be the ultimate purchaser of these valves. Accordingly, your receiving the benefit of an exception to individual marking pursuant to { 134.32(d) is conditioned upon your proving to the satisfaction of Customs officials at the port of entry that the valves will in fact reach ultimate purchasers in their properly marked, unopened containers.

HOLDING:

The valves described above are contained in boxes marked so as to reasonably indicate the origin of the valves. Provided Customs officials at the port of entry are satisfied the valves will reach ultimate purchasers in these original unopened containers, the valves are excepted from individual marking.

Sincerely,

Marvin M. Amernick

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