NY B85187 - THE COUNTRY OF ORIGIN MARKING OF CONCRETE SLAB SYSTEMS - United States International Trade Commision Rulings

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NY B85187

May 5, 1997

MAR-2 RR:NC:2:226 B85187

CATEGORY: MARKING

Ms. Mary Beth Moran
The Buffalo Customhouse Brokerage Co., Inc. 1245 Niagara Street
Buffalo, New York 14213

RE: THE COUNTRY OF ORIGIN MARKING OF CONCRETE SLAB SYSTEMS

Dear Ms. Moran :

In your letter dated March 20, 1997, on behalf of your client, Prestressed Systems Inc., you inquired regarding the proper country of origin marking for concrete slab systems.

You indicated that your client will import concrete slab systems in a knocked-down condition for shipping purposes and will assemble each system into a completed unit once the shipment reaches its final destination. In a telephone conversation, you stated that these units will be shipped directly from the manufacturing plant to their final destination which is the construction site/ultimate purchaser. Each unit will consist of three major components: 1) steel hangers 2) steel rebar and 3) prefabricated concrete slabs.

You stated that each steel hanger will have a circular adhesive label which reads "Made in Canada". Each bundle of steel rebar, usually in bundles of 20-25 pieces, will contain a weather resistant tag which is stamped on one side with "Made in Canada" and the project number on the reverse side. Each concrete slab will have an adhesive label attached to one end, which will provide information such as job number, dimensions, and also the words "Made in Canada".

With respect to the marking requirements, it should be noted that 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 concrete slab system is the end user at the construction site.

With regard to the permanency of 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.

Steel rebars must be "individually marked on each piece". In accordance with Section 134.41 of the Customs Regulations, it is suggested that the country of origin on metal articles be either die sunk, molded in or etched. Individual marking requirements may only be excepted under Section 134.32 of the Customs Regulations.

The proposed marking of the steel hangers and concrete slabs whether by an adhesive label or a securely attached hang tag, will be considered conspicuously and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are acceptable country of origin marking methods provided that the Import Specialist at the port of entry is satisfied that the ultimate purchaser will receive the merchandise marked with the country of origin.

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 Jacob Bunin at 212-466-5796.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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