NY I88533 - The country of origin marking of Rhodia Technyl polyamide molding resins imported from Canada. - United States International Trade Commision Rulings

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NY I88533

November 27, 2002

MAR-2-39:RR:NC:SP:237 I88533

CATEGORY: MARKING

Mr. James R. Cannon, Jr.
Williams Mullen
1666 K Street, N.W., Suite 1200
Washington, D.C. 20006

RE: The country of origin marking of Rhodia Technyl polyamide molding resins imported from Canada.

Dear Mr. Cannon:

In your letter dated November 15, 2002, on behalf of Rhodia Engineering Plastics, you requested a ruling on whether the proposed marking "Made in Canada" is an acceptable country of origin marking for imported Rhodia Technyl polyamide molding resins produced in Brazil, France, Italy and Poland and further processed in Canada by blending with various materials, which may include fiberglass, minerals, flame-retardant chemicals, wax lubricants, pigments, plasticizers and crystallization agents.

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.

Part 102 of the Customs Regulations (19 CFR 102), sets forth the NAFTA Marking Rules for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 sets forth a hierarchy for determining the country of origin of imported goods. Paragraph (a) of this section states that the country of origin of a good is the country in which:

(1) The good is wholly obtained or produced; The good is produced exclusively from domestic materials; or Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in section 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied.

Sections 102.11(a)(1) and 102.11(a)(2) do not apply when the product has been made with polyamide resins produced in Brazil, France, Italy and Poland because the good is not wholly the product of one country, it is a good produced in different countries, and the polyamide resin is of Brazilian, French, Italian and Polish, not domestic (Canadian), origin.

Section 102.11(a)(3) provides that the country of origin is the country in which "each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in section 102.20 " Section 102.20(g) requires: "A change to heading 3901 through 3915 from any other heading, including another heading within that group, provided that the domestic polymer content is no less than 40 percent by weight of the total polymer content."

According to the information filed with your request, polyamide resins produced in Brazil, France, Italy and Poland are imported into Canada under heading 3908. In Canada, the imported polyamide resins are processed by blending with various materials, which may include fiberglass, minerals, flame-retardant chemicals, wax lubricants, pigments, plasticizers and crystallization agents, and then exported to the United States under the same heading 3908.

Based on the above, the Rhodia Technyl polyamide molding resins produced in Brazil, France, Italy and Poland and further processed in Canada by blending with various materials, which may include fiberglass, minerals, flame-retardant chemicals, wax lubricants, pigments, plasticizers and crystallization agents, do not undergo the applicable change in tariff classification, and the resulting goods cannot be marked "Made in Canada" and must be marked as products of Brazil, France, Italy and Poland.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski

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