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HQ 559594




February 7, 1996

MAR 2-10 RR:TC:SM 559594 KBR

CATEGORY: MARKING

Jerome J. Zaucha
Jones, Day, Reavis & Pogue
Metropolitan Square
1450 G Street, N.W.
Washington, D.C. 20005-2088

RE: Marking of Steel Frogs pursuant to the J-List

Dear Mr. Zaucha:

This is in response to your letter dated December 7, 1995, concerning a J-List exception to marking the country of origin on steel frogs imported into the U.S.

FACTS:

You are requesting a ruling stating that "steel frogs" or "crossing frogs" under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 7302.30, are excepted from country of origin marking pursuant to recent amendments made to the J-List.

ISSUE:

Whether steel frogs, under subheading 7302.30, HTSUS, are excepted from country of origin marking pursuant to the J-List.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin imported into the U.S. 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 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 134.33, Customs Regulations (19 CFR §134.33), is the "J-List" of articles excepted from country of origin marking. T.D. 89-1 enacted the changes to the regulations required by the change to the HTSUS from the TSUS, including 19 CFR §134.33. Prior to September 27, 1995, the J-List excepted "Rails, joint bars, and tie plates covered by subheadings 7302.90.00 Harmonized Tariff Schedule of the United States". After reviewing the history of T.D. 89-1, Customs agreed that there was an error in that the other subheadings within HTSUS 7302 were not included. The original draft of T.D. 89-1 included "subheadings 7302.10.10 through 7302.90.00".

To correct this inadvertent omission of certain subheading numbers when the Customs Regulations were amended, Customs issued a Federal Register Notice on September 27, 1995, (60 Fed. Reg. 49752 (September 27, 1995)). This amended the J-List to include "Rails, joint bars, and tie plates covered by subheadings 7302.10.10 through 7302.90.00, Harmonized Tariff Schedule of the United States." This includes subheading 7302.30, HTSUS. Therefore, we find that steel frogs classified under 7302.30, HTSUS are excepted from country of origin marking pursuant to the J-List, 19 CFR §134.33.

HOLDING:

Pursuant to the Federal Register Notice (60 Fed. Reg. 49752 (September 27, 1995)), Customs Regulation 19 CFR §134.33 was amended to include subheadings 77302.10.10 through 7302.90.00 within the J-List exceptions to country of origin marking. Steel frogs classified under subheading 7302.30, HTSUS, are within the amended subheadings and, therefore, are excepted from country of origin marking pursuant to 19 CFR §134.33. Only the outermost container in which the articles reach the ultimate purchaser is required to be marked with the country of origin of the steel frogs.

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,

John Durant, Director
Tariff Classification Appeals Division

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