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NY A81752





May 08, 1996

MAR-2 RR:NC:4:102 A81752

CATEGORY: MARKING

Mr. John Landay
Plews/Edelmann Corporation
165 Arlington Heights Road
Buffalo Grove, IL 60089-1974

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED REMANUFACTURED AUTOMOTIVE POWER STEERING PUMPS, GEARS, VALVES AND CYLINDERS

Dear Mr. Landay:

This is in response to your letter dated March 28, 1996 requesting a ruling on whether the proposed method of marking the containers in which remanufactured automotive power steering pumps, gears, hydraulic valves and hydraulic cylinders are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported components. A marked sample container was submitted with your letter for review.

In your letter you described how your company obtains defective power steering units in the United States and sends them down to a wholly owned subsidiary in Mexico. Once there these units are dismantled, examined and the usable units are then rebuilt using new parts (O-rings, gaskets and other "soft" parts) of U.S. origin. After remanufacturing the components are packaged into retail boxes that are marked with the company name, the part description and number, instructions, and a bar-coded label that states "Mexico" in clear, readable form. The parts are also clearly marked as " Remanufactured".

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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the power steering components is the consumer who purchases the product at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the power steering components by viewing the container in which it is packaged, the individual automotive part would be excepted from marking under this provision.

Power steering pumps, gears, hydraulic valves and hydraulic cylinders which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the components are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported parts provided the district director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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 Karl J. Riedl at 212-466-5493.

Sincerely,

Roger J. Silvestri

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