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NY H88481





March 18, 2002

MAR-2 RR:NC:MM:106 H88481

CATEGORY: MARKING

Mr. Bert Moher
Priority One International
3419 Trentwood Boulevard
Orlando, FL 32812

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ROCKER ARM BODIES FROM CHINA

Dear Mr. Moher:

This is in response to your letter dated February 28, 2002, on behalf of your client Crane Cams, requesting a ruling on the country of origin marking requirements of the subject merchandise.

You state that aluminum rocker arm bodies are imported by Crane Cams from China. After importation the rocker arm bodies are assembled by Crane Cams with other components, all made in the United States, to form a complete rocker arm assembly for automotive engines. You ask about the country of origin marking of the imported rocker arm body from China, the country of origin marking of a completed rocker arm assembly assembled in the United States and the country of origin marking of multi-packs of rocker arm assemblies

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 assembled with other components in its imported form, the one who performs the assembly process is the ultimate purchaser. In this case, the ultimate purchaser of the rocker arm bodies is Crane Cams.

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 rocker arm bodies by viewing the container in which it is packaged, the individual rocker arm body would be excepted from marking under this provision.

Rocker arm bodies 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 rocker arm bodies 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 rocker arm bodies provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. ยง1304. The assembly of the imported rocker arm body with other components of U.S. origin after importation to form a rocker arm assembly results in a substantial transformation into a new and different article of commerce, the origin of which is the United States. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, NW, Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

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 Patrick J. Wholey at 646-733- 3013.

Sincerely,

Robert B. Swierupski
Director,

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