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NY G85967




January 22, 2001

MAR-2 RR:NC:1:118 G85967

CATEGORY: MARKING

Mr. Tom Martin
Deringer Logistics Consulting Group
6930 Metroplex Drive
Romulus, MI 48174

RE: THE COUNTRY OF ORIGIN MARKING OF WATER SERVICE FITTINGS FROM INDONESIA.

Dear Mr. Martin:

This is in response to your letter dated December 21, 2000, on behalf of Legend Valve and Fittings, Township, MI, requesting a ruling on whether the proposed marking "Indonesia" is an acceptable country of origin marking for imported water service fittings. A marked three-piece sample (T-4200/with middle threaded piece marked LGD 3/4) was submitted with your letter for review.

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 water service fittings are composed of 85% copper, 5% tin, 5% lead, and 5% zinc. The marking proposal of the country of origin “Indonesia” as seen on your sample, is done through an ink jet process in which each character is electrostatically charged. The machine utilized is referred to an “electro-etching” machine. You state that the resulting marking is both indelible and permanent.

The proposed marking of imported fittings, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and Indonesia is an acceptable country of origin marking for the imported fitting.

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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