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NY A84904




August 1, 1996

MAR-2 RR:NC:G4:113 A84904

CATEGORY: MARKING

Mr. Jerome J. Zaucha
Jones, Day, Reavis and Pogue
Metropolitan Square
1450 G Street, NW
Washington, DC 20005-2088

RE: Country of origin marking of imported motors for pumps

Dear Mr. Zaucha:

This is in response to your letter dated July 19, 1996, on behalf of Gorman-Rupp, requesting a ruling on whether imported motors are required to be individually marked with the country of origin if it is later to be processed in the U.S. by a U.S. manufacturer. A marked sample was not submitted with your letter for review, but a blue print was.

Gorman-Rupp imports motors from Teldar Electric Europe BV. The actual country of origin of the motors is unclear. Your letter states that they are made both in Taiwan or China, but, in any case, they are the product of a non-NAFTA country. After importation, the motors are attached by four screws to the back of the 16650 series magnetically driven pumps. These pumps are then sold to Gorman-Rupp customers. The motors are never sold separately.

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, the imported motors are substantially transformed as a result of the U.S. processing, and therefore the U.S. manufacturer is the ultimate purchaser of the imported motors and under 19 CFR 134.35 only the containers which reach the ultimate purchaser are required to be marked with the country of origin "Made in China" or "Made in Taiwan," as applicable.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director

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