NY D88018 - THE COUNTRY OF ORIGIN MARKING OF Wheel Assemblies in three different scenarios. - United States International Trade Commision Rulings

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February 16, 1999

MAR-2 RR:NC:MM:101 D88018

CATEGORY: MARKING

Ms. Shelley Townley
Michelin North America, Inc.,
One Parkway South
Post Office Box 19001
Greenville, South Carolina 29602-9001

RE: THE COUNTRY OF ORIGIN MARKING OF Wheel Assemblies in three different scenarios.

Dear Ms. Townley:

This is in response to your letter dated January 20, 1999 requesting a ruling on country of origin marking for imported wheel assemblies. A marked sample was not submitted with your letter for review.

In the first scenario:
The wheel is manufactured in Spain.
The tire is manufactured in France.
The joint (seal) is manufactured in France. The tire and the joint are mounted on the wheel in France.

The country of origin of the wheel assembly will be France.

In the second scenario:
The wheel is manufactured in Spain.
The tire is manufactured in France.
The joint is manufactured in France.
The tire and joint are mounted on the wheel in Spain.

The country of origin of the wheel assembly will be Spain.

In the third scenario:
The wheel is manufactured in France.
The tire is manufactured in Spain.
The joint is manufactured in Spain.
The tire and the joint are mounted on the wheel in France.

The country of origin of the wheel assembly will be France.

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.

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.

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 Robert DeSoucey at 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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