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NY J84877




June 19, 2003

MAR-2 RR:NC:1:117 J84877

CATEGORY: MARKING

Mr. Jeff Satterlee
Russell A. Farrow (U.S.) INC.
27221 Northline Road
Taylor, Michigan 48180

Dear Mr. Satterlee:

This is in response to your letter dated May 22, 2003 on behalf of Capitol Manufacturing Company requesting a ruling on the country of origin marking requirements for pipe, tube or pipe fittings of iron or steel. Two representative samples were submitted with your letter for review.

The products to be imported are fully threaded (close) nipples. These nipples are produced in a variety of sizes and are available in both carbon and stainless steels. You state that these fittings should be exempt from marking, as the full threading does not allow for die stamping and the price of using paper labels would be too costly.

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.

19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.

19 U.S.C. 1304(c)(2), provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles.

In HQ ruling 559778 dated July 29, 1996, it was held that fully threaded or “close” nipples could be marked by paint stenciling. In the case of small diameter fittings (having a nominal diameter of 1/4 inch or less), tagging the bundles or containers will be acceptable.

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 Paula Ilardi at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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