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HQ 734741


November 25, 1992

MAR-2-05 CO:R:C:V 734741 RC

CATEGORY: MARKING

Mr. Daniel J. Layden
6407 Ritchie Highway
Glen Burnie, Maryland 21061

RE: Country of Origin Marking of Unassembled Water Pump Parts; 19 CFR 134.32(g); Water Pump Kits; T.D. 91-7; Repacked or Manipulated Articles; 19 CFR 134.26; Concealed marking; Assembly; O.C.O.D. 90-2(2); "Germany"/"West Germany".

Dear Mr. Layden:

This is in response to your letter of July 23, 1992, requesting a ruling on the country of origin marking requirements for unassembled German-manufactured water pump parts imported as kits into the U.S. where they are assembled and incorporated into pressure washers.

FACTS:

Your company, Atlantic Pressure Washers, Inc., will import German-made water pump parts in kits. After importation, the pump kits will be assembled by your company and incorporated into pressure washers with U.S.-manufactured parts and sold at retail. In our telephone conversation on October 26, 1992, you expressed concern over having to possibly mark each part of the imported water pump kits. You stated that such a requirement would be highly impracticable given that the parts will be very numerous and the markings will be subsequently obliterated by the U.S.- assembly operation. You proposed to indicate Germany as the country of origin on the outer shipping cartons in lieu of each individual part and then, mark the kits in their assembled form, "Water Pump, Product of West Germany". The unassembled pump parts will not be sold in their imported condition. These new facts are incorporated into your original request for a ruling.

ISSUE:

Whether individual parts of water pump kits made in Germany and imported unassembled must each be marked to indicate country of origin; and whether the name "West Germany" is acceptable.

LAW AND ANALYSIS:

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its 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. Part 134, Customs Regulations (19 CFR part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Pursuant to section 304(a)(3)(G) of the Tariff Act (19 U.S.C. 1304(a)(3)(G)), and section 134.32(g) Customs Regulations, (19 CFR 134.32(g)), an imported article is excepted from marking if it is to be processed in the U.S. by the importer or for his account otherwise than for the purpose of concealing the origin of such article and in such manner that any country of origin marking would necessarily be obliterated, destroyed, or permanently concealed. Even the shipping containers of these articles are excepted from marking under this section.

In C.S.D. 92-34 (June 25, 1992), Customs addressed the proper country of origin marking requirements for automotive water pumps that were assembled with foreign and domestic manufactured components in the U.S. There, we found that the domestic assembly did not result in a substantial transformation. Thus, it was necessary to mark the assembled water pumps indicating the country of origin. However, under section 134.32(g), we excepted the individual water pump parts from marking because they were not visible for inspection as a result of the domestic processing.

The facts of C.S.D. 92-34 are on point with those of the instant case. The parts are imported as kits and the domestic assembly operations are simple. Therefore, we similarly find that it will not be necessary to mark the imported parts and will require that the assembled water pumps be marked. However, the exception is available subject to the provisions of section 134.26(a), Customs Regulations (19 CFR 134.26(a)). That is, if imported articles will be repacked or manipulated after their release from Customs custody, the importer must certify to the district director that if the importer does the repacking, he or she shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article in accordance with the requirements. The importer or his authorized agent shall sign a certificate as prescribed by the regulations.

In this instance the importer may satisfy the requirements of 19 CFR 134.26 by filing with Customs a certificate attesting to the fact that the imported water pump components will be sold as an assembled pump which will be properly marked and that if the components will be sold separately that they will be marked individually.

Finally, O.C.O.D. 90-2 (2) provides that goods from the territories formerly known as East Germany or the German Democratic Republic subsequent to October 4, 1991, must be marked either "Made in Germany" or "Made in Federal Republic of Germany". The markings "Made in East Germany" and "German Democratic Republic" are no longer acceptable. We are of the opinion that this post-unification use of the word "West Germany" to indicate the country of origin of the water pumps is likewise unacceptable. You must mark the assembled water pumps, "Water Pump Made in Germany" or "Water Pump Made in Federal Republic of Germany" without distinction as to east or west.

HOLDING:

Pursuant to 19 U.S.C. 1304(a)(3)(G) and 19 CFR 134.32(g), neither the shipping containers nor the individual imported water pump parts of the kits are required to be marked to indicate the country of origin. However, the completely assembled water pumps must be marked to indicate "Germany" as the country of origin; "West" Germany is no longer acceptable for country of origin marking purposes. It is necessary to file a repacking certificate with the district director in compliance with 19 CFR 134.26.

Sincerely,


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