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NY M86534

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October 11, 2006

MAR-2 RR:NC:N1:106 M86534

CATEGORY: MARKING

Mr. Robert Mullett
TYM-USA
3007 Downing Street
Wilson, NC 27893

RE: THE COUNTRY OF ORIGIN MARKING OF CERTAIN TRACTORS

Dear Mr. Mullett:

This is in response to your letter dated September 13, 2006 requesting a ruling on the acceptable country of origin marking for imported tractors.

In your correspondence you ask about the country of origin marking for several models of tractors manufactured in Korea and fitted with other-origin engines or assembled in China with Japanese origin engines. One model is made in China with a small percentage of components from Korea.

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 imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will."

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. In this case, you propose to mark certain Korean origin tractors fitted with other-origin engines "Made in Korea". This is perfectly acceptable country of origin marking for these tractor models. Your main concern is Korean origin tractors which are assembled in China with Japanese origin engines. You propose to mark these tractors “Manufactured in Korea, Assembled in China”. When a name of any country other than the country in which the article was manufactured or produced appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. 19 CFR 134.46. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears. Headquarters Ruling Letter (HRL) 708994 dated April 24, 1978. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported good.

Accordingly, provided the words "Made in Korea" are the same size or larger than the words "Assembled in China," and they appear in close proximity on the same side of the product, the requirements of 19 CFR 134.46 will be satisfied. Your additional suggestion of “Assembled in China from Korean components” would likewise be acceptable.

Lastly, tractors manufactured in China, which include approximately 3% percent components of Korean origin, and marked “Made in China” are legally marked within the requirements of the marking statute.

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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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