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NY F88562




July 5, 2000

MAR-2 RR:NC:2:227 F88562

CATEGORY: MARKING CLASSIFICATION

Thomas M. Stanton
Edward M. Jones & Company
P.O. Box 55038
Portland, OR 97238-5038

RE: COUNTRY OF ORIGIN MARKING AND CLASSIFICATION OF IMPORTED BRASS LAMP PARTS FROM CHINA

Dear Mr. Stanton:

This is in response to your letter dated June 8, 2000, on behalf of Rejuvenation Inc., requesting a ruling on whether the proposed method of marking the container in which the brass lamp parts are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported articles; and that subheading 9405.99.2000, HTS, is the correct classification for these parts. A marked sample container was not submitted with your letter for review.

The articles in question are brass lamp parts including wallbrackets, bell shape shade holders, finials and decorative connectors. You state that the importer, Rejuvenation Inc., is the end user of the lamp parts, and will further manufacture the articles into complete lighting fixtures for retail sale.

The applicable subheading for these brass lamp parts will be 9405.99.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of lamps and lighting fittings of brass. The general rate of duty will be 3.9 percent ad valorem.

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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the brass lamp parts is Rejuvenation Inc. who purchases the product for further manufacturing.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the brass lamp parts by viewing the container in which it is packaged, the individual part would be excepted from marking under this provision.

Brass lamp parts which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the brass lamp parts are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported brass lamp parts provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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