NY R03208 - THE COUNTRY OF ORIGIN MARKING OF PARTS OF A PACKAGING MACHINE - United States International Trade Commision Rulings

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NY R03208

March 3, 2006

MAR-2 RR:NC:1:120 R03208

CATEGORY: MARKING

Mr. Leslie G. Etters
Etters International
2077 Airport Drive
Green Bay, Wi 54313

RE: THE COUNTRY OF ORIGIN MARKING OF PARTS OF A PACKAGING MACHINE

Dear Mr. Etters:

This is in response to your letter on behalf of Fabio Perini North America Inc. dated February 2, 2006 requesting a ruling on whether the parts for a packaging machine are exempt from country of origin marking in accordance with the “J-List”, Section 134.33, Customs Regulations (19 CFR 134.33). This list sets forth certain classes of articles, known collectively as the J-list, which are excepted from individual country of marking pursuant to 19 U.S.C. 1304(a)(3)(J). However, in the case of any article on the J-list, which is imported in a container, the outermost container in which the article ordinarily reaches the ultimate purchaser is required to be marked to indicate the origin of its contents. Samples were not submitted with your letter for review.

According to your letter, Fabio Perini S.P.A. Italy ships parts from its current inventory to fill orders for Fabio Perini North America. Parts other than parts made in Italy are marked as to the country of origin. A substantial quantity of the Italian made parts are neither marked with the country of origin on the part or packaging. These parts are then imported and put into inventory at the Fabio Perini facility in Green Bay, Wisconsin. A portion of the imported parts are sold directly to customers that have purchased Perini machines manufactured in Italy. These machines are clearly marked with the country of origin, i.e., Italy. The remaining portion of parts imported are used by Fabio Perini North America for internal use, warranty work, etc.

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.

One class of articles on the J-list is "parts for machines imported from the same country as parts." This item has been interpreted to cover replacement parts which are manufactured in the same country as the original machine which is exported to the U.S. As construed by Customs in T.D. 75-85 (March 12, 1975), the following principles are applicable to this exception:

1) The word machine is used in a general sense and also applies to such things as vehicles;

(2) The exception applies to replacement parts for machines which may be manufactured in more than one country, provided that Customs officers are satisfied that the machines exported to the U.S. are made only in one country;

(3) The exception applies to replacement parts made and engineered for use on or in the particular machine involved, and also to parts made to standard or stock designs which are used in producing the machine; and

(4) The exception is applicable only to replacement parts manufactured in the same country as the machine which is exported to the U.S.

The underlying rationale for this particular J-list exception is that if the ultimate purchaser buys a specific machine which is properly marked as to its country of origin, then there is no need to mark a replacement part for that machine if it is manufactured in the same country as the original machine. The presumption is that the ultimate purchaser will assume that unless otherwise marked, the replacement part was manufactured as the machine itself.

From the information provided, it appears that the items in question are parts for packaging machines which are imported from the same country as the parts, i.e., Italy. Thus, the parts are exempt from marking pursuant to 19 U.S.C. 1304(a)(3)(J). to 19 U.S.C. 1304(a)(3)(J), i.e., the J-list.

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 Specialists Denise Faingar at 646-733-3010 and Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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