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NY D80901





August 17, 1998

MAR-2 RR:NC:1:117 D80901

CATEGORY: MARKING

Mr. Karl F. Krueger
AEI Customs Brokerage Services
1600 West Lafayette
Detroit, MI 48216

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED STEEL TUBING

Dear Mr. Krueger:

This is in response to your letter dated July 21, 1998 on behalf of Copperweld Canada requesting a ruling on the country of origin marking requirements for pipe, tube or pipe fittings of iron or steel. Photographs illustrating the tubing with the proposed country of origin marking were submitted with your letter for review.

The products to be imported are rectangular and square steel tubing, cold-rolled from hot-rolled sheet. The tubes will be imported in lengths ranging from 12 feet to 40 feet. The dimensions will range from 1 1/2 inches to 12 inches on a side. For example, a rectangular tube might measure 2" x 5" x 40'. The tubing will be marked by continuous line painting with the word "Canada" approximately every 5 feet. Each tube has "CPWLD CANADA-SONCO DIV", along with the heat number, the ASTM specification number (A500) and the dimensions painted continuously along its length.

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.

19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.

19 U.S.C. 1304(c)(2), provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles.

The proposed method of marking of imported steel tubing, as described above and as illustrated in the submitted photographs, satisfies the marking requirements of 19 U.S.C. 1304(c) and is an acceptable country of origin marking for the imported tubing.

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 Paula Ilardi at 212-466-5476.

Sincerely,

Robert B. Swierupski
Director,

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