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 > 1997 HQ Rulings > HQ 559749 - HQ 559984 > HQ 559759

Previous Ruling Next Ruling
HQ 559759




July 14, 1997

MAR 2-10 RR:TC:SM 559759 KBR

CATEGORY: MARKING

Robert T. Givens
Givens And Associates
950 Echo Lane, Suite 360
Houston, TX 77024-2788

RE: Marking of Steel Angles, NAFTA

Dear Mr. Givens:

This is in response to a request by Ricardo Gonzalez dated March 25, 1996, and subsequent letters from your firm, dated June 28, 1996, January 6, 1997, January 31, 1997, March 10, 1997, and May 30, 1997, on behalf of your client Sigosa Steel Company, concerning the country of origin marking of steel angles imported from Mexico to be sold for further processing in the U.S. You submitted a sample of a steel angle for our review. A meeting was held on this case on June 16, 1997.

FACTS:

You state that Sigosa Steel Company ("Sigosa") intends to import steel angles which are produced in Mexico. At an automated rolling mill, flat steel bars of 20 or 40 feet are hot rolled and bent along the entire length at a right angle to create the steel angle. While still hot, the steel angles are automatically stacked. You state that the angles cannot be stamped with a marking without affecting the use of the angle. You also state that prior to their being stacked, the steel angles are too hot to handle individually or to place any marking on them. After stacking, the steel angles are bound into bundles. You wish to place the country of origin marking on the bundles of steel angles. The steel angles are then imported into the U.S. In the U.S., Sigosa states that they sell the steel angles only by the bundle. However, subsequent vendees may resell the steel angles individually, or may cut the angle to a smaller length and sell the smaller steel angles in groups or individually. The steel angles are a general metal article used as a part in many varied building purposes and various products. These include rails in bed frames, building joists, frames for signs, bracing for filling station islands, barbecue grill supports, and many other uses.

ISSUE:

May the steel angles be marked with the country of origin by the bundle?

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 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. 1304.

Section 134.32(d), provides that an article may be excepted from individual country of origin marking if the marking of its container will reasonably indicate its origin. In this case the steel angles are packed into bundles. Therefore, either each steel angle or the bundle of steel angles must be marked with its country of origin, Mexico. In this case, Sigosa wishes to only mark each bundle with the country of origin. We find that marking only the bundle with the country of origin will satisfy the country of origin marking requirements, provided that the steel angles reach the ultimate purchaser in the U.S. in the appropriately marked bundle. In those situations in which the bundles are broken down by a subsequent vendor into smaller bundles or individual pieces prior to being sold to the ultimate purchaser, the repackaging certification requirements of 19 CFR

HOLDING:

Based on the information submitted and provided that the steel angles reach the ultimate purchaser in the U.S. in the bundle, only the bundles of steel angles need be marked with the country of origin. Where the bundles are broken down by subsequent vendors prior to sale to the ultimate purchaser, the certification requirements of ?134.26 must be satisfied.

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

Previous Ruling Next Ruling