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NY M84229

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June 29, 2006

MAR-2 RR:NC:N1:117 M84229

CATEGORY: MARKING

Mr. Paul Anderson
Sonnenberg & Anderson
300 South Wacker Drive, Suite 1220
Chicago, Illinois 60606

RE: THE COUNTRY OF ORIGIN MARKING OF CORED WIRE PRODUCTS.

Dear Mr. Anderson:

This is in response to your letter dated June 6, 2006 requesting a ruling on whether certain proposed marking is acceptable country of origin marking for imported cored wire. A marked sample was not submitted with your letter for review.

In your request, on behalf of your client, Alcan International Network USA, Inc., you have proposed certain country of origin markings for three types of cored wire. These cored wires consist of either calcium iron powder that is sourced from France or calcium powder or ferro-titanium powder that are sourced from either Russia or China. All three powders have been encapsulated into a steel sheath in France. The steel sheath or wire is of French origin.

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 (a)(3)(D) and 19 CFR 134.32(d) provide that an article may be excepted from individual country of origin marking if the marking of its container will reasonably indicate its origin. In this case the cored wires are packed onto reels. The reel is the container of the cored wire. Therefore, either each cored wire or each reel of wire must be marked with its country of origin.

New York Ruling M82117 addressed the correct country of origin for these cored wires. The ruling determined that the country of origin for the iron calcium powder was France and the respective country of origin for the calcium powder and the ferrotitanium powder was the third country, either China or Russia, where the powder was sourced. At that time, you indicated that that the cored wire will be delivered to the ultimate purchaser with the outer reels marked with the English name of the country of origin. You also indicated that this marking would be clear, conspicuous, indelible and legible. The ruling, therefore, determined that marking of the outer reel of the cored wires in this manner would satisfy the country of origin marking requirements under 19 U.S.C. 1304 (a)(3)(D).

You now propose to mark the outer container with the following specific language:

In those instances where the powder and the sheath is of French origin and the encapsulation is performed in France, the outer reel will be marked, “Made in France” or “Product of France.”

In the situation where the powder is sourced from a third country, the steel sheath is of French origin and the encapsulation of the powder occurs in France, you propose to mark the outer reel of the cored wire,” Powder product of China (or other third country) followed by “Wire Product of France” and finally, “Powder encapsulated in France”

The country of origin of the particular powder determines the origin of the foreign article, in each of these scenarios. The containers for the cored wire are clearly marked with the country of origin. The additional notations pertaining to the origin of the wire or the encapsulation process are factual in nature and merely serve to provide additional information.

Therefore, the proposed marking of imported cored wire, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported cored wire on spools.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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