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NY N012522




June 12, 2007

MAR-2 RR:NC:1:101

CATEGORY: MARKING

Mark Todd, President
Sargent Cycle Products, N.A.
44 E. 1st St.
Jacksonville, FL 32206-5006

RE: THE COUNTRY OF ORIGIN MARKING OF MOTORCYCLE PARTS FROM CHINA

Dear Mr. Todd:

This is in response to your letter dated June 7, 2007, requesting a ruling on the marking of Motorcycle Seat Base Pan Components and Hardware.

You state in your letter that the Motorcycle Seat Base Pan Components and Hardware are imported by you for your own use in further assembly into a motorcycle seat and that the Motorcycle Seat Base Pan Components and Hardware are not sold, under any circumstances to anyone else (wholesaler, distributor, retailer, individual, etc.) as imported.

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.

However, it is also provided in 19 CFR 134.32(g) that “articles described or meeting specified conditions are excepted from meeting the marking requirements (g) Articles to be processed in the United States by the importer otherwise than for the purpose of concealing the origin of such articles and in such a manner that any mark contemplated would necessarily be permanently concealed”.

In your letter, you state that the Motorcycle Seat Base Pan Components and Hardware will be assembled together with various U.S. hardware by you, covered with a molded foam cushion and, finally, covered by an upholstery cover. Only this final assembled product will be sold to your customers. Under these circumstances, the Motorcycle Seat Base Pan Components and Hardware meet the requirements of 19 CFR 134.32(g) and are excepted from the marking requirements.

19 CFR 134.22(a) provides the requirements for articles that have been “excepted from marking”:

“(a) When an article is excepted from the marking requirements the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article ”.

In accordance with the requirements of 19 CFR 134.22(a), the outermost container or holder which encloses the imported Motorcycle Seat Base Pan Components and Hardware must be marked in a conspicuous place as legibly, indelibly and permanently as possible with the words “Contents Made in China” or its equivalent.

This ruling is being issued under the provisions of Parts 134 and 177 of the Customs Regulations (19 CFR 134, 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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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