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NY F80565





January 4, 2000

MAR-2 RR:NC:1:118 F80565

CATEGORY: MARKING

Mr. Mark Abraham
ABCO Metals Inc.
805 Main Street
Chatham, MA 02633

RE: THE COUNTRY OF ORIGIN MARKING OF COPPER TUBES.

Dear Mr. Abraham:

This is in response to your letter dated Oct 22, 1999, received in this office on December 9, 1999, requesting a ruling on the country of origin marking requirements for imported copper tubes. Samples were not submitted with your letter for review.

Condition A – Tubes with the dimension of .375” outside diameter x 0.030” wall in coils of an approximate length of 1600 feet, (approximate weight of 200 lbs.). The outer dimension (o.d.) of these coils are approximately 40” with an inner dimension (i.d.) of 25”. The tubes are hard tempered and will go through the following production steps:

A1 - Cutting to 50’ lengths
A2 - Coiled into smaller coils of approximately 18” o.d. and 4” i.d. A3 - Annealed in a furnace to make a soft temper

Condition B – Tubes with the dimension of .375” outside diameter x 0.030” wall in coils of an approximate length of 1600 feet, (approximate weight of 200 lbs.). The outer dimension of approximately 40” with an inner dimension of 25”. The tubes are hard tempered and will go through the following production steps:

B1 - Drawing the tube to the size .250” x .028” wall in the large coil B2 - Cutting to 50’ lengths
B3 - Coiled into smaller coils of approximately 18” o.d. and 4” i.d. B4 - Annealed in a furnace to make a soft temper

Question 1 - Do the imported tubes require marking with the country of origin? Question 2 - If the copper tubes were produced from copper scrap produced in the United States (U.S.) and the copper scrap was shipped to the foreign supplier to be melted and put through the various steps of tube production and then imported into the U.S. at the size mentioned above, would the tube be considered a product of the U.S.?

These two questions are for both conditions above.

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.

The country of origin marking is required on your copper tubes for both conditions as explained above. In both conditions, the country of origin is China and not the U.S. as you have asked about. There has been a substantial transformation of your U.S. scrap to the finished product(s). In determining whether the combining of parts or materials constitutes a substantial transformation, the issue is the extent of operations performed and whether the parts lose their identity and become an integral part of the new article. The Chinese processes performed have made a new and different item of commerce. Therefore, the items must be marked China in the prescribed manner explained above.

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 Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director,

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