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NY K80538




November 13, 2003

MAR-2 RR:NC:MM:101 K80538

CATEGORY: MARKING

Ms Yolanda Landau
Wilson Logistics, Inc.
270 Terminal Avenue
Clark, New Jersey 07066

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED AUTOMOTIVE PARTS - RADIATOR AND CONDENSER

Dear Ms. Landau:

This is in response to your letter dated November 5, 2003 requesting a ruling on whether the proposed method of marking the container in which the automotive radiator and condenser is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported radiator and condenser. A marked sample container was submitted with your letter for review. We are returning both samples to you.

You submitted two samples: a radiator for a Volkswagen Golf GTD Jetta, and a condenser for a Volvo 850 GLT. Both items are shipped in cardboard boxes, with the country of origin, “Made in Denmark” on the label. The items themselves have no country of origin marking.

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

Automotive radiators and condensers 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 Volkswagen Golf GTD Jetta Radiator and the Volvo 850 GLT Condenser 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 radiator and condenser 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 Robert DeSoucey at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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