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HQ 735212

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November 30, 1993

MAR-20-5 CO:R:C:V 735212 RSD

CATEGORY: MARKING

Mr. William J. LeClair
Administrative and Regulatory Advisor
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, New York 12919

RE: Country of origin marking for concrete paver blocks; metal bands; container marking; 19 CFR 134.32(d); HQ 731335;

Dear Mr. LeClair:

This in response to your letter dated June 8, 1993, on behalf of the Concrete Paver Institute of Herndon, Virginia regarding the country of origin marking requirements for concrete paving blocks imported from Canada into the United States. A brochure and information describing the product accompanied your request for a ruling.

FACTS:

The product in question is interlocking concrete blocks of various shapes and sizes. Concrete pavers are made from portland cement, coarse and fine aggregate, and water. Iron oxide pigment is often added for color. The ingredients are combined to make a "no slump" (low water content) concrete. Admixtures (chemicals) are often mixed into the concrete to increase its strength, density, and to reduce mold wear and efflorescence. The concrete is molded under vibration and extreme pressure into many paver shapes by manufacturing equipment.

The finished products are banded together by steel straps in packs of 35-40 blocks, and are sold to both end users or to distributors for sale. You state that there is no way to mark each individual paver block with its country of origin. Ink cannot be applied to the concrete and stickers will not adhere to it. The concrete paver blocks cannot be molded with words on them because of the way they are manufactured. Instead of marking each block, you want to put a tag with the words "Made in Canada" on the steel straps that hold the blocks.

ISSUES:

Can the steel straps that are used to secure the concrete paving stones be tagged with the country of origin rather than marking each stone?

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 origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. 1304. Articles for which the marking of the containers will reasonably indicate the origin of the article are excepted from marking under 19 U.S.C. 1304(a)(3)(D). For an exception to be granted under 19 U.S.C.(a)(3)(D), generally the article must be imported in a marked retail container which will reach the ultimate purchaser unopened. See also 19 CFR 134.32(d).

Customs has previously ruled that metal strapping used to secure paver stones would be considered a container for purposes of complying with the marking regulations. See HQ 709337 (October 23, 1978) published as CSD 79-205. Because the metal straps have been determined to be containers, the individual concrete paver blocks may be excepted from country of origin marking provided the metal straps binding each section are legibly and conspicuously marked to indicate the country of origin of the blocks and Customs officers at the ports of entry are satisfied they will reach ultimate purchasers in the U.S. in bound packs. See 731335 (July 28, 1988). 19 CFR 134.44(c) indicates that when tags are used, they must be attached in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser. Accordingly, tags may be used to indicate the country of origin of the concrete blocks if the requirements of 19 CFR 134.44(c) are met.

HOLDING:

The steel straps used to hold the packs of concrete blocks together are considered containers for country of origin marking purposes. The concrete paver blocks are excepted from individual country of origin marking if the marking on the steel straps around the packs of blocks is legible and permanent. Tags maybe used to indicate the country of origin provided that they are attached in a conspicuous place and that the Customs officials at the port of entry are satisfied that they will remain on the packs of blocks until they reach the ultimate purchaser.

Sincerely,


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