NY E81768 - COUNTRY OF ORIGIN MARKING OF IMPORTED COMPONENTS OF A COMMERCIAL STEAM COOKER - United States International Trade Commision Rulings

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May 20, 1999

MAR-2 RR:NC:MM:106 E81768

CATEGORY: MARKING

Mr. Michael Colburn
ColburnTreat LLC
191 Thompson Road
Shelburne, VT 05482

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED COMPONENTS OF A COMMERCIAL STEAM COOKER

Dear Mr. Colburn:

This is in response to your letter dated May 4, 1999 requesting a ruling on whether imported parts of a commercial steam cooker are required to be individually marked with the country of origin if the country of origin is known by the ultimate purchaser in the United States. A marked sample was submitted with your letter for review.

The articles in question are two structural components of a commercial electric steam cooker. One component is the cast aluminum cooking chamber, made in two pieces and then bolted together. The other component is the stainless steel housing and internal framework of the cooker. You state that you are aware that these parts are fabricated in Canada and that these parts will be assembled by you in the United States with other components to form the complete commercial steam cooker.

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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. In the circumstances as you have described them, it appears that you are the ultimate purchaser of these goods for purposes of the country of origin marking requirements. Section 134.32(h) states that articles for which the ultimate purchaser must necessarily know, or in the case of a NAFTA country, must reasonably know, the country of origin by reason of the circumstances of their importation are excepted from individual marking. Therefore, in the case presented here, the imported articles are excepted from marking and under 19 CFR 134.35, only the containers which reach the ultimate purchaser are required to be marked with the country of origin ("Made in Canada").

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 Patrick J. Wholey at 212-637-7036.

Sincerely,

Robert B. Swierupski
Director,

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