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NY C85180

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March 25, 1998

MAR-2 RR:NC:2:226 C85180

CATEGORY: MARKING

Walter M. Sonntag, MD
6009 Pentz Road
Paradise, CA 95969

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ABRASIVE DIAMOND DISC BLADES

Dear Dr. Sonntag:

This is in response to your letter dated February 25, 1998, requesting a ruling on whether imported abrasive diamond cutting disc blades are required to be individually marked with the country of origin if they are later to be processed in the United States. Two samples were submitted with your letter for review.

Your submission indicates that metal disc blades composed of diamond particles agglomerated in a copper alloy metal matrix are manufactured in Russia and shipped to the United States for further processing. When entered into the United States, various chemical agents are applied onto the surface of the disc. One submitted sample, containing no chemical agents, features a cardboard label which reads "Made In Russia". The other sample, containing chemical agents, which is enclosed in a plastic compact disc case, is unmarked.

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. In Section 134.1 (b), the country of origin of an article is defined as the country of manufacture, production, or growth of any article of foreign origin entering the United States. 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 for country of origin marking purposes.

A substantial transformation occurs only when articles lose their identity and become new articles having a new name, character or use. Accordingly, for marking purposes, the abrasive disc blade is not substantially transformed as a result of the U.S. processing. The character and principal use of the article remain the same. In its imported condition, the item is a disc blade consisting of diamond particles agglomerated in a copper alloy matrix, and it remains so, despite the fact that chemical agents are applied to the disc surface. The merchandise must be marked with its country of origin even though the chemical agents will be applied in the United States. The "Made In Russia" marking shown on the submitted sample would be acceptable.

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 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,

Robert B. Swierupski
Director,

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