United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY E87562 - NY E87611 > NY E87606

Previous Ruling Next Ruling
NY E87606




September 23, 1999

MAR-2 RR:NC:1:118 E87606

CATEGORY: MARKING

Mr. B. Hristic
Sales Manager
W.P. Trading Ltd.
350 Fifth Avenue, Suite 3218-3219
Empire State Building
New York, NY 10118

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BRASS NIPPLES; ARTICLE 509

Dear Mr. Hristic:

This is in response to your letter dated September 17, 1999 requesting a ruling on the country of origin marking requirements for an imported article which is processed in a NAFTA country prior to being imported into the U.S. You have stated in your letter that you intend to import threaded brass nipples from Mexico. The nipples will be produced (cut to length and threaded) in Mexico from red brass pipe, alloy C-230; ASTM B-43. The red brass pipes will be an imported (non-originating) product obtained from an unknown source outside of Mexico. Based upon your explanation and the unmarked sample you have provided, we agree that the appropriate classification for the threaded brass nipples would be 7412.20.0025, Harmonized Tariff Schedule of the United States (HTSUSA), provided they do not exceed twelve inches in length.

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 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin” within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. 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. 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.

You state that the imported brass nipples are processed in a NAFTA country, "Mexico", prior to being imported into the U.S. Since "Mexico" is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported brass nipples are goods of a NAFTA country, and thus subject to the NAFTA marking requirements.

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 brass nipples are considered to be goods of a NAFTA country, Mexico, for marking purposes. However, the merchandise does not qualify for preferential treatment under the NAFTA because the non-originating brass pipe used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/74.11, HTSUSA.

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 Kathy Campanelli at 212-637-7025.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski

Previous Ruling Next Ruling

See also: