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NY 897651



May 11, 1994

MAR-2-05:S:N:N3:115 897651

CATEGORY: MARKING

Ms. Kim Bashaw
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213

RE: The country of origin marking requirements for steel dees with wood grips from Canada.

Dear Ms. Bashaw:

In your letter dated March 28, 1994, and received by this office on May 5, 1994, you requested a ruling, on behalf of the firm Ames Lawn & Garden Tools, Parkersburg, WV, on the country of origin marking requirements for steel dees with wood grips. You request a waiver of the country of origin marking requirements for these items.

The product in question is a steel dee with wood grip (shovel handle). It is approximately 9 inches in length. The importer, Ames Lawn & Garden Tools, will further assemble the steel dees with handles and heads made in the United States. These steel dees will not be sold in the United States as imported.

This office is of the opinion that the request for waiver of marking be granted as outlined in part by Section 134.35(b) of the NAFTA agreement:

Articles substantially changed by manufacture: (b) Goods of a NAFTA country. A good of a NAFTA country which is to be processed in the United States in a manner that would result in the good becoming a good of the United States under the NAFTA Marking Rules is excepted from marking. Unless the good is processed by the importer or on its behalf, the outermost container of the good shall be marked in accord with the part.

This ruling is being issued under the provisions of Section 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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