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NY I89246

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December 11, 2002

MAR-2 RR:NC:N1:113 I89246

CATEGORY: MARKING

Mr. Donald Simpson
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MOTOR PARTS

Dear Mr. Simpson:

This is in response to your letter dated December 6, 2002, on behalf of Southland Metals, Inc., requesting a ruling on whether imported motor parts are required to be individually marked with the country of origin if they are later to be processed in the U.S. by a U.S. manufacturer. Marked samples were not submitted with your letter for review.

The merchandise consists of conduit boxes, front end plates and pulley end plates. Southland imports these castings from China to sell to their customer, Baldor Electric Company. In turn, Baldor uses the parts in assembling electric motors, at which point they lose their separate identity. Baldor will be the last user in the United States of these parts in the form in which they were imported.

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. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35.

In this case, the imported castings are substantially transformed as a result of the U.S. processing, and therefore the U.S. manufacturer is the ultimate purchaser of the imported castings and under 19 CFR 134.35 only the containers which reach the ultimate purchaser are required to be marked with the country of origin "Made in China". The district director at the port of entry must be satisfied that Baldor will receive the castings in their original unopened properly marked container, used only as described in this ruling and not otherwise sold.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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