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NY J83642




April 24, 2003

MAR-2 RR:NC:1:118 J83642

CATEGORY: MARKING

Ms. Shelley Vybiral
Snap-tite, Inc.
8325 Hessinger Dr.
Erie, PA 16509

RE: THE COUNTRY OF ORIGIN MARKING OF BRASS FITTINGS FROM TAIWAN.

Dear Ms. Vybiral:

This is in response to your letter dated April 10, 2003, requesting a country of origin marking ruling and classification for brass fittings from Taiwan. A sample was submitted with your letter for review and will be returned to you as requested.

The products, spool valve pneumatic fittings, have been further described as follows:

■ Brass fitting, straight style - part #JCPA-01 brass fitting 1/8” NPT x 4mm tube, straight with one end threaded, the other end is push to connect. The threaded end can connect to a valve or fitting (elbow, coupling, etc.) and anything with a National Pipe Thread connection. The push to connect end connects to tube (not hose). ■ Brass fitting, elbow style - part #JPLA-01 brass fitting, elbow style 1/8” NPT x 4mm tube, elbow with one end threaded, the other end is push to connect. The threaded end can connect to a valve or fitting (elbow, coupling, etc.) and anything with a National Pipe Thread connection. The push to connect end connects to tube (not hose).

The applicable subheading for both brass fittings will be 7412.20.0035, Harmonized Tariff Schedule of the United States (HTS), which provides for copper tubes or pipe fittings (for example couplings, elbows, sleeves): of copper alloys: other: of copper-zinc base alloys (brass): threaded: other. The rate of duty will be 3% ad valorem.

You state that the brass fittings are not currently marked with the country of origin. You ask if it is sufficient to mark the outer container when you ship them to a customer or must they be individually marked upon importation.

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.

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 brass fitting by viewing the container in which it is packaged, the individual brass fitting would be excepted from marking under this provision. Marking the container in which the brass fitting is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported brass fitting provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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