NY I84893 - COUNTRY OF ORIGIN MARKING OF IMPORTED TRANSMISSION OVERHAUL KITS FROM CANADA. - United States International Trade Commision Rulings

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NY I84893

August 30, 2002

MAR-2 RR:NC:1:101 I84893

CATEGORY: MARKING

Ms. Helen I Sugar
BCB International
1245 Niagra Street
Buffalo, NY 14213-1501

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TRANSMISSION OVERHAUL KITS FROM CANADA.

Dear Ms. Sugar,

This is in response to your letter dated July 31, 2002 on behalf of your client King-O-Matic Ind. Limited, 939 Pantera Drive, Mississauga, Ontario CA L4W 2R9, requesting a ruling on whether the proposed method of marking the container in which the overhaul kit is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported overhaul kit. An unmarked sample kit in its container was submitted with your letter for review.

You claim that the components of the kit are imported from various countries into Canada. They are then assembled and packaged into kits in Canada and are sold as such. As the components are from various countries, your client has requested our advice with respect to the country of origin marking on the kits. You have also submitted break-out lists of the components of the kit.

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 transmission overhaul kit is the consumer who purchases the product at retail.

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

Components of the transmission overhaul kit 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 components 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 kits provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

Further, there are a large number of small pieces in the overhaul kit and the retail boxes cannot be opened until after the purchase. The ultimate purchaser will not see the individual components until after the sets are purchased. Accordingly the box may be marked, “Packaged in Canada with goods from Taiwan, Japan, China, etc.”

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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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