NY 802819 - THE COUNTRY OF ORIGIN MARKING OF VARIOUS METAL PARTS. - United States International Trade Commision Rulings

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NY 802819

October 31, 1994

MAR-2 S:N:N1:101 802819

CATEGORY: MARKING

Mr. Manny Sharma
UPF, Inc.
P.O. Box 321
Marlboro, NJ 07746

RE: THE COUNTRY OF ORIGIN MARKING OF VARIOUS METAL PARTS.

Dear Mr. Sharma:

This is in response to your letters dated August 15, 1994 and September 22, 1994 requesting a ruling on the country of origin marking requirements for imported parts of metal which will be used in the manufacture of various articles. A marked sample was not submitted with your letter for review.

Item 1 is a ductile iron automotive bracket. You claim that at this time there is no picture or sample available since this product has not yet been produced. You have enclosed a blueprint schematic, the weight is approximately 5.75 lbs. You will sell the product to your customer who will machine and paint it and will then sell it to one of the "Big Three" vehicle manufacturers. You claim that both your direct customer and the original equipment manufacturer are aware of the country of origin. The bracket will subsequently lose its identity in the manufacture of vehicles.

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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the bracket is the vehicle manufacturer who purchases the product for the manufacture of vehicles.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. However, since the brackets are not imported in their marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the district director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the district director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.

In this case, assuming that the district director is satisfied that the imported brackets will be repacked in the manner described above after finishing, and that the other conditions set forth in 19 CFR 134.34 are met, the district director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported brackets will not be required.

The second item is a ductile iron center ring.

Center rings are substantially complete (unfinished) and are classified as pipe fittings rather than as parts of fittings. See HQ ruling 082236, 11-22-88.

Section 207 of the Trade and Tariff Act of 1984 amended, 19 USC 1304) to require, without exception that all iron and steel pipe, tube, and pipe fittings be marked with the country of origin by means of cast-in-mold lettering, die stamping, etching, or engraving. 19 USC 1304 (c) was amended (19 USC 1304 (c)(2)) to allow paint stenciling as an additional method of marking or, in the case of small diameter pipe, tube, and fittings, by tagging the containers or bundles. Also noted: HQ Ruling 728693, 11-05-85.

The third item is a ductile iron lug which is used as one component of a tapping sleeve, which is used to tap off a water pipe line.

In this case, assuming that the district director is satisfied that the imported brackets will be repacked in the manner (described as in item #1) after finishing, and that the other conditions set forth in 19 CFR 134.34 are met, the district director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported brackets will not be required.

The fourth item is described as valve and fire hydrant components. You claim that a variety of components will be imported and machined and/or painted by your customer and later assembled as a complete product.

At this time is not possible to make a determination because we do not have sufficient information to do so. It is necessary to know the exact nature of each component and the exact circumstances of each process. You have also not indicated whether or not the ultimate purchaser of these products will be aware of the country of origin. You may submit a separate ruling request with all the appropriate information.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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