United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY C84133 - NY C84184 > NY C84184

Previous Ruling Next Ruling
NY C84184

---

February 26, 1998

MAR-2 RR:NC:2:227 C84184

CATEGORY: MARKING

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive, P.O. Box 800
Champlain, NY 12919

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CERAMIC TILES; ARTICLE 509

Dear Mr. Ralston:

This is in response to your letter dated January 28, 1998 requesting a ruling on the country of origin marking requirements for an imported article which is processed in a NAFTA country prior to being imported into the U.S. The samples submitted will be returned as you requested.

From your letter and subsequent telephone conversation with National Import Specialist George Kalkines, Creative Tile Designs intends to import glazed ceramic tile into Canada from Italy or France. In Canada the imported tile will be used to create a different design tile by breaking or cutting the tile to various shapes and sizes. The pieces of tile are arranged to form a specific design and then glued to a fiberglass mesh. Infrared heat is then applied to the tile and mesh.

The inquirer maintains that the processing in Canada, of the ceramic tiles imported from Italy or France, creates a Canadian product and that the country of origin for marking purposes is Canada.

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 134.1(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. You state that the imported ceramic tiles are processed in Canada prior to being imported into the U.S. Since, Canada is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported tile is a good of a NAFTA country", and thus subject to the NAFTA marking requirements.

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.

Since the tile is neither wholly obtained or produced in a single country nor produced exclusively from domestic materials, it must determined whether the foreign materials incorporated into the ceramic tile meet the specific tariff rule of section 102.20.

The specific tariff rule for these goods is set out in section 102.20(m) (Section XIII: Chapter 69) of the regulations, which states "A change to headings 6901 through 6914 from any other chapter." Therefore, the foreign materials must come from a chapter other than chapter 69.

The ceramic tiles when imported into Canada are classified under heading 6908 and, after processing in Canada, when exported from Canada to the United States remain classified in heading 6908. A change in tariff classification does not occur. Therefore, the country of origin of the articles will be the country of origin of the ceramic tile which is imported into Canada.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported tile is a good of Italy or France for marking purposes. Accordingly, the tile (or its container), processed in Canada from ceramic tile originally produced in Italy, must be marked to indicate Italy is the country of origin of the finished product; and the tile (or its container), processed in Canada from ceramic tile originally produced in France, must be marked to indicate France is the country of origin of the finished product.

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 George Kalkines at 212-466-5794.

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,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling