NY A87288 - COUNTRY OF ORIGIN MARKING OF IMPORTED ABRASIVE BELTS and SELF-ADHESIVE TAPE; Article 509 - United States International Trade Commision Rulings

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NY A87288

October 3, 1996
MAR-2:RR:NC:2:226 A87288

CATEGORY: MARKING

Mr. Kevin M. O'Brien
Baker & McKenzie
815 Connecticut Ave., N.W.
Washington, D.C. 20006-4078

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ABRASIVE BELTS and SELF-ADHESIVE TAPE; Article 509

Dear Mr. O'Brien:

This is in response to your letter dated August 28, 1996, on behalf of your client, Minnesota Mining and Manufacturing Company ("3M"), requesting a ruling on the country of origin marking requirements for abrasive belts and self-adhesive tape. You indicated in your letter that these two products are manufactured in the United States and processed in Mexico or Canada. Marked samples of the articles were not submitted with your letter for review.

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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.1(b) of the regulations, defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations, provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.

You indicate in your letter that the abrasive belts are made from abrasive powder or grain from the United States, Australia, Russia, Canada, Brazil or other countries, and paper rolls from the United States or France. The abrasive powder or grain is applied to the paper rolls in the United States to form abrasive rolls. The abrasive rolls are then exported to Mexico or Canada where they are cut to length and width and spliced together before returning to the United States as a finished product.

The self-adhesive tape is made from plastic film that is manufactured in the United States and adhesives that are made in the United States, Canada or Europe. The adhesive is applied to the plastic film in the United States to form self-adhesive tape rolls. The rolls are then exported to Mexico or Canada where they are cut to length and width.

In order to determine the country of origin marking requirements, first, we must apply the NAFTA Marking Rules in order to determine whether the imported abrasive belt and self-adhesive tapes are goods of a NAFTA country.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the abrasive belt and self-adhesive tape are goods of the United States for marking purposes, noting Section 102.18. Since these items are products of the U.S., under 19 CFR 134.32(m), they are excepted from the country of origin marking requirements of 19 U.S.C. 1304.

In your letter you raised additional questions regarding the possibility of marking this merchandise with various phrases which would include the words "United States". Since this matter is under the jurisdiction of the Federal Trade Commission, the U.S. Customs Service cannot issue a ruling on this matter. If you would like a ruling on these questions, you may write to: Federal Trade Commission, Division of Enforcement, 6th Street & Pennsylvania Ave., NW, Washington, DC 20580.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

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 Jacob Bunin at 212-466-5796.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Roger J. Silvestri
Director

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