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NY A84997




July 24, 1996

MAR-2-84:RR:NC:4:102 A84997

CATEGORY: MARKING

Mr. M.H. Mikell, Jr.
John S. James Co.
P.O. Box 1017
Charleston, S.C. 29402-1017

RE: THE COUNTRY OF ORIGIN MARKING OF AUTOMOTIVE FUEL PUMP MODULES FROM GERMANY

DEAR Mr. Mikell:

This is in response to your letter dated June 18, 1996, on behalf of your client, Pierburg, Inc., requesting a ruling on acceptable country of origin marking for imported automotive fuel pumps.

The item at issue is an intank fuel pump module that contains both the gasoline pump and the gas tank level sensor incorporated into one housing. These pumps will ultimately be used in the domestic production of automobiles.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

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,

Roger J. Silvestri

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