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January 6, 1999

MAR-2:RR:NC:SP:233 D86441

CATEGORY: MARKING

Ms. Nellie M. Davis
F.W. Meyers & Co., Inc.
34 Spur Drive
El Paso, TX 79906

RE: The country of origin marking requirements for furniture and furniture parts from Mexico.

Dear Ms. Davis:

In your letter dated December 10, 1998, on behalf of Kessler Industries, you requested a waiver on the country of origin marking requirements for furniture and furniture parts. Photographs depicting the various steps in the production process, and photographs of the finished products, were submitted with your request for review.

Kessler Industries is a furniture manufacturer who sends all American made raw material to Mexico for the purpose of making unfinished furniture. The materials include steel, wood, paint and welding rods which are used to make tables, chairs, love seats, sofas, bed frames and components. Kessler Industries operates a plant in Mexico for the purpose of making metal furniture and importing the unfinished furniture into the United States for further processing. Kessler does not sell these products in their imported condition. The metal furniture undergoes extensive processing in the United States prior to being sold to the consumer. The furniture is shotblasted, phosphatized, primed, stained, painted and packaged for shipping.

On the basis of the information presented, waiver of the country of origin marking under Section 304 (A) (3) (H) of the Tariff Act of 1930 and Sections 134.32(g) and 134.35(b) of the Customs Regulations for the unfinished, unpainted furniture and furniture parts imported by Kessler Industries is approved.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski

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