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NY H82735

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July 19, 2001

MAR-2 RR:NC:1:117 H82735

CATEGORY: MARKING

Mr. Jeffrey S. Levin
Harris Ellsworth & Levin
The Watergate
2600 Virginia Avenue, N.W., Suite 1113
Washington, D.C. 20037-1905

RE: THE COUNTRY OF ORIGIN MARKING OF STEEL WIRE ROPE; ARTICLE 509

Dear Mr. Harris:

This is in response to your letter dated June 12, 2001 on behalf of the Committee of Domestic Steel Wire Rope and Specialty Cable Manufacturers, requesting a ruling on the country of origin marking requirements for steel wire rope produced in the United States from steel wire strand imported from Mexico. A sample was not submitted with your letter for review.

Stainless steel and carbon or nonalloy steel wire strand is imported from Mexico into the United States where it is used to fabricate stainless and nonalloy steel wire rope. You state that the wire strand is manufactured in Mexico. Stainless steel wire strand is classified in subheading 7312.10.1050 and nonalloy steel wire strand is classified in subheading 7312.10.3020. Wire strand is made up of individual steel wires, usually seven wires or more, laid helically around a center, which is usually a single steel wire. Wire rope consists of multiple wire strands laid helically around a core which may be made of steel or of vegetable or synthetic fibers. Stainless steel wire rope is classified in subheading 7312.10.60 and nonalloy steel wire rope is classified in subheading 7312.10.90.

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.

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 102.11, Customs Regulations, sets forth the required hierarchy for determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 (a) states that the country of origin of a good is the country in which: (1) the good is wholly obtained or produced; (2) the good is produced exclusively from domestic materials; or (3) each foreign material incorporated in that good undergoes an applicable change in tariff classification as set forth in section 102.20 and satisfies any other applicable requirements of that section. In this case the change in tariff classification must be made in accordance with section 102.20 (n), Section XV: Chapters 72 through 83, heading 7309-7314 which requires “A change to heading 7309 through 7314 from any other heading, including another heading within that group.”

The stainless steel and nonalloy steel wire strand produced in Mexico is classified under heading 7312, and the wire rope produced in the United States from the wire strand remains classified under heading 7312. There is no tariff classification change within the requirements of section 102.20.

Section 102.11(b) states that where the country of origin cannot be determined under paragraph (a), the country of origin of the good: (1) is the country of origin of the single material that imparts the essential character of the good. Noting section 102.18 (b), it is the wire strand produced in Mexico which imparts the essential character of the steel wire rope. The country of origin for marking purposes is the country of origin of the steel wire strand.

The marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 will be satisfied by marking the steel wire rope or its container to indicate Mexico as the country of origin.

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 Paula Ilardi at 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 7312.10.10 - Stainless steel, stranded wire, not elect. insulated, not fitted with fittings or made up into articles
• Tariff No.: 7312.10.30 - Iron or steel (o/than stainless), stranded wire, not elect. insul., not fitted with fittings or made up into articles
• Tariff No.: 7312.10.60 - Stainless steel, ropes, cables and cordage (o/than stranded wire), not elect. insul., not fitted with fittings or made up into articles
• Tariff No.: 7312.10.90 - Iron/steel (o/stainless), ropes, cables & cordage, o/th of brass plate wire (o/than stranded wire), n/elect. insul., w/o fittings etc.