NY D84432 - THE COUNTRY OF ORIGIN MARKING OF "ORIENTED STRAND BOARD"; ARTICLE 509 - United States International Trade Commision Rulings

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NY D84432

November 25, 1998

MAR-2 RR:NC:SP:230 D84432

CATEGORY: MARKING

Mr. K.F. Baxter
Weyerhaeuser Canada Ltd.
P.O. Box 800
Kamloops, British Columbia
CANADA V2C 5M7

RE: THE COUNTRY OF ORIGIN MARKING OF "ORIENTED STRAND BOARD"; ARTICLE 509

Dear Mr. Baxter:

This is in response to your letters dated July 24 and September 15, 1998 requesting a ruling on country of origin marking requirements for sheets of wood particle board known as "oriented strand board" ("OSB"). No samples or exhibits were submitted for review.

The products will be manufactured by your company in Canada and exported to the United States. You state that they will be "standard OSB sheets with a thickness of 3/8, 1/2, 3/4 and 1 inch, as well as thinner sheets where it may not be possible, or practical, to mark or stamp the sides or edge."

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.

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.

Thus, the imported sheets of OSB must in all instances be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. If it is your intention to place the marking, whenever possible, on an edge or end, please be advised that in instances where the board is too thin to allow such marking to be legible/conspicuous, the face or back of the sheet will then be required to be legibly marked in a conspicuous place.

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 Paul Garretto at 212-466-5779.

Sincerely,

Robert B. Swierupski
Director,

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