Country of origin marking requirements for refractory bricks

HQ 734015 April 11, 1991 Mar-2-05 CO:R:C:V 734015 RSD CATEGORY: Marking Mr. Richard Hoffman, Esq. Morgan, Lewis & Bockius 1800 M Street, N.W. Washington, D.C. 20036 RE: Country of origin marking requirements for refractory bricks Dear Mr. Hoffman: This is in response to your letter of September 14, 1990, to the District Director of Customs at the Baltimore District, on behalf of your client, requesting internal advice on the country of origin marking requirements for refractory bricks. As you are aware, the District Director in Baltimore is now in agreement that your client has met the requirements of the marking statute by marking the country of origin of the bricks on the pallets in which the are imported. Nevertheless subsequently, you requested that Customs Headquarters treat the internal advice request as a ruling request and issue a ruling on this matter. According to your letter, the refractory bricks when imported into the U.S. are covered with cardboard and packed on pallets that are contained by metal strapping and clear plastic shrink wrap. Each pallet is marked with the country of origin of the refractory bricks. This mark is on a paper label glued to the cardboard covering around the bricks and is clearly visible inside the shrink wrap. Each of the importer's customers receives the refractory bricks on the marked pallets. The importer does not break the pallets, and the refractory bricks are delivered intact to the customers who are the exclusive purchasers of the bricks for use in the lining of their ovens. Customs has previous ruled on the subject of your ruling request. In HQ 731555, July 18, 1988, we ruled that metal straps and plastic shrink wrap used to secure refractory bricks are containers which may be marked to indicate the country of origin of the bricks. We find that the facts presented in your ruling request are indistinguishable from the facts of HQ 731555. Accordingly, for the reasons discussed in HQ 731555, we find that the proposed marking on the pallets is acceptable "container" marking provided such marking is legible, conspicuous and permanent. If the containers are properly marked, and the district director at the port of entry is satisfied that the refractory bricks will reach the ultimate purchaser in these unopened containers, the individual bricks are excepted from marking under 19 U.S.C. 1304(a)(3)(D). For your information, we have enclosed a copy of HQ 731555. Sincerely, John Durant, Director Commercial Rulings Division Enclosure cc: District Director Baltimore