NY E80455 - COUNTRY OF ORIGIN MARKING OF IMPORTED NO-HUB COUPLING; ARTICLE 509 - United States International Trade Commision Rulings

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May 10, 1999

MAR-2 RR:NC:1:115 E80455

CATEGORY: MARKING

Ms. Barbara Y. Wierbicki
Tompkins & Davidson
1515 Broadway
New York, N.Y. 10036-8901

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED NO-HUB COUPLING; ARTICLE 509

Dear MS. Wierbicki:

This is in response to your letter dated April 14,1999 on behalf of your client Ideal Division-Sant Corporation requesting a ruling on the country of origin marking requirements for imported plumbing clamps which are assembled from U.S. components in a NAFTA country. A marked sample was submitted with your letter for review.

The merchandise is approximately 5" in diameter, consisting of a corrugated stainless steel sleeve, four stainless steel clamps and a rubber ring, all of U.S. origin, including the screw and housing for the clamps. The clamps, sleeve, screws and their housing will be shipped to Mexico. There, a screw and its housing will be assembled and attached to each of the four clamps, which will be riveted to the sleeve. The assembled sleeve and clamp unit will be returned to the U.S., where the rubber ring will be inserted. The finished coupling is used in the plumbing industry. The sample will be returned as per your request.

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 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.

In this case, you state that U.S. component(s) are exported to a NAFTA country where they are assembled prior to being re-imported into the U.S.

The rules for determining when, for marking purposes, the country of origin of an imported good is one of the parties to "NAFTA" are set forth in Part 102, Customs Regulations.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported No-Hub Coupling is a good of the United States for marking purposes. Accordingly, it will not be required to have any country of origin marking pursuant to 19 U.S.C. 1304 when imported into the United States.

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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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