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NY K86723





June 17, 2004

MAR-2 RR:NC:MM:106 K86723

CATEGORY: MARKING

Mr. Edward Jarvis
Alden Rowing Shells, LLC
90 HL Dow Highway
Eliot, ME 03903

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HULLS FOR ROWING SHELLS FROM CANADA

Dear Mr. Jarvis:

This is in response to your letter received by us on June 4, 2004 requesting a ruling on the country of origin marking requirements of imported hulls for rowing shells imported from Canada. No marked sample was submitted with your letter for review.

In your letter you state that you will be importing unfinished rowing shells in the form of a hull requiring further processing before sale as finished rowing shells. You state that your company installs sliding seat rowing components, including tracks and seats, foot stretchers and rigging to hold oarlocks. Also installed by you on these hulls are self-bailers, access ports, drain plugs and bow lines. You maintain that these unfinished hulls are not sold at any level of retail or wholesale in their condition as imported. It is not clear if the unfinished hulls are imported in shipping containers or are free standing.

In a telephone conversation with National Import Specialist (NIS) Patrick Wholey of this office, Ms. Deborah Arenberg, Sales Manager for your firm, stated categorically that there were no current or pending transactions before Customs on the subject of this ruling and that your request concerns future transactions only.

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 hulls for rowing shells is Alden Rowing Shells.

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 imported article by viewing the container in which it is packaged, the individual article would be excepted from marking under this provision.

Hulls for rowing shells 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 hulls for rowing shells are imported in lieu of marking the article itself is an acceptable country of origin marking for the imported hulls provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. If the hulls are not shipped in containers, then the individual articles themselves must be marked in accordance with country of origin marking requirements found in Part 134 of the Customs Regulations.

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 NIS Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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