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NY C84010




February 24, 1998

CLA-2-40:RR:NC:SP:221 C84010

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.92.0000

Mr. Curtis C. Comer
Pigalle
988 Market Street, #201
San Francisco, CA 94102

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of erasers from Mexico; Article 509

Dear Mr. Comer:

In your letter dated January 26, 1998, you requested a ruling on the status of erasers from Mexico under the NAFTA.

The erasers are made of synthetic rubber. One of the components used in the manufacturing process originates in the United States. The remaining components originate in Mexico. All of the manufacturing is performed in Mexico.

The applicable tariff provision for the erasers will be 4016.92.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of vulcanized rubber other than hard rubber...erasers. The general rate of duty will be 4.2 percent ad valorem.

The erasers, being made entirely in the territory of Mexico using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

You have also requested a ruling on whether marking the imported erasers with the French name of the country of origin is an acceptable country of origin marking. A marked sample was submitted with a previous letter for review. Each eraser is permanently marked with an ink stamp in contrasting color. The marking indicates "Fabrique au Mexique."

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 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 134.45(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. 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.

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.

Imported erasers with a contrasting ink stamp marking indicating "Fabrique au Mexique," as described above, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The proposed marking is an acceptable country of origin marking for the imported erasers.

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

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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