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NY N025048





March 31, 2008

MAR-2:OT:RR:E:NC:N1:121

CATEGORY: MARKING

Mr. Kevin Ekstrand
Laufer Group International Ltd.
1446 Taney
North Kansas City, Missouri
64116

RE: THE COUNTRY OF ORIGIN MARKING OF TRAILER MOUNTINGS; ARTICLE 509

Dear Mr. Ekstrand:

This is in response to your letter dated March 20, 2008, on behalf of Cequent Consumer Products, requesting a ruling on whether the proposed marking "Made in Mexico" is an acceptable country of origin marking for imported trailer mountings. A marked sample was not submitted with your letter for review, however, pictures of the marked retail packaging were submitted.

The merchandise under consideration is described as a “Spare Tire Carrier.” It is a universal mounting bracket that mounts a spare tire to a trailer. It comes in two models that are made of zinc plated steel. Model number 7016300 fits a trailer tongue up to 3 inches wide by 4 inches high. Model number 7016200 is a heavy-duty mount that holds trailer wheels up to 16-1/2 inches wide. It provides 4-3/4 inches of lift and over 7 inches of offset to mount the tire out of the way. It fits a trailer tongue up to 3 inches wide by 5 inches high.

Model 7016300 consists of the following components: two carriage bolts, six washers, two lock washers, four cap screws, and two nuts from China; four nuts from Taiwan; two washers, steel coil, one support, four screws, a paper label and an instruction sheet from the U.S.; and plastic bags and carton boxes from Mexico. Model 7016200 consists of two carriage bolts, six washers, two lock washers, and two nuts from China; four nuts from Taiwan; one bent tube, two washers, two u-bolts, steel coil, two supports, and one paper label from the U.S.; and poly bags, carton boxes and instruction sheet from Mexico. All foreign components are shipped to the importer’s manufacturing facility in Juarez, Mexico where they are cut, formed, welded, plated and packed.

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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 102.1 of the Customs Regulations sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 sets forth the required hierarchy for determining country of origin for marking purposes. Section 102.11(a) states that the country of origin of a good is the country in which: (1) The good is wholly obtained or produced; (2) The good is produced exclusively from domestic materials; or (3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in section 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied. Based on the above factors, we find that each foreign component incorporated in the spare tire carriers undergoes the required change in tariff classification set out in section 102.20 and satisfies all other requirements of that section. Consequently, the country of origin of the spare tire carriers, pursuant to section 102.11(a)(3) of the Customs Regulations, is determined to be Mexico.

The pictures you submitted of the retail packaging indicate marking at the bottom right hand corner on the front of the box. First, the importer’s name appears in upper case letters. Below the name, the importer’s address appears in a slightly smaller, bold font. Below this the importer’s web address and hotline phone number appear in a smaller font. The words “Made in Mexico” appear directly beneath the phone number in the same small font.

Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish.” Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of the spare tire carriers, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not acceptable country of origin marking for the imported spare tire carriers. Per 19 CFR Part 134.46, when the name of any country or locality other than the country of origin appears on an imported article or its container, there shall appear legibly, permanently, in close proximity and at least a comparable size, the name of the country of origin preceded by the words “made in,” “product of,” etc. The words “Made in Mexico” as they appear on the retail packaging of the instant merchandise are not of comparable size to the words “Solon, Ohio.”

The applicable subheading for the spare tire carriers will be 8302.49.6055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articlesother mountings, fittings and similar articles, and parts thereof, other, other, of iron or steel, of aluminum or of zinc, other, for aircraft, vessels ad other vehicles (except motor vehicles) of section XVII. The rate of duty is 5.7 percent ad valorem.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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