United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1996 NY Rulings > NY 462025 - NY 805895 > NY 804168

Previous Ruling Next Ruling
NY 804168





December 15, 1994

MAR-2-84:S:N:N3:102 804168

CATEGORY: MARKING

Mr. Kurt W. Dramm
Dramm Corporation
2000 North 18th Street
P.O. Box 1960
Manitowac, WI 54221-1960

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED WATER BREAKERS AND SHUT-OFF VALVES

Dear Mr. Dramm:

This is in response to your letter dated November 4, 1994 requesting a ruling on whether imported water breakers and plastic shut-off valves are required to be individually marked with the country of origin if they are later to be assembled in the U.S. with domestically produced components. An unmarked sample was submitted with your letter for review.

The imported articles consist of: 1) a plastic and metal showerhead-like device that you refer to as a water breaker; 2) a plastic, hand operated ball valve. These articles will, after importation, be assembled to a domestically produced aluminum and plastic extension handle. The finished article is known as a water wand and is used to apply large quantities of water softly below the plants leaf canopy in outside flower or vegetable beds. The assembly process consists simply of screwing the water breaker and the valve onto opposite ends of the aluminum handle.

In your inquiry you provided us with four possible scenarios based on varying combinations of component origins and marking conditions. In three of the four arrangements both the water breakers and the valves would be imported from China without any marked indication of their country of origin. In one arrangement the water breaker would have been of U.S. manufacture while the valve was of Chinese origin. In all of the situations the final product had a distinctive "Made in the U.S.A." label as well as a domestic address shown on the handle.

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. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35.

In this case we do not consider the imported water breaker and valves substantially transformed as a result of the U.S. assembly. Two of the essential characters of the wand are it's ability to softly disperse water and control its flow rate. Those features are provided for by the imported products. They are therefore required to be marked "Made in China". We would also advise you that the marking of the finished water wand as "Made in the U.S.A." is subject to approval by the Federal Trade Commission. In the alternative we would be willing to accept a label on the finished wand indicating the origin of the individual components.

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

Previous Ruling Next Ruling