The country of origin marking requirements for a spark ignitorframe from China.

NY 805601 January 9, 1995 MAR-2-05:S:N:N3:115 805601 CATEGORY: Marking Mr. William H. Scharr, Jr. Foundry Casting Sales P.O. Box 450 Pilgrim Gardens, PA 19026 RE: The country of origin marking requirements for a spark ignitor frame from China. Dear Mr. Scharr: In your letter dated December 15, 1994, you requested a ruling on the country of origin marking requirements for wire frames and tin cups. The steel wire frame and cup will be imported as individual parts. In the United States, the following assembly processes will occur: 1. The wire frame will be rebent to fit the cup and a spark file will be assembled and refitted to the cup. 2. Special brass fittings will be made will be made to fit the wire frames and a flint is to inserted into the brass holder. 3. The second file (striker) is machined out of a heat- treated steel machined bar. After a cross-cutting operation, the striker is applied to the wire frame and locks the cup into position. Your letter states that there are 14 operations performed in your plant before packaging of the final product, that being a "spark lighter." Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States. We can authorize Section 304 exceptions of marking if the items are: a) Incapable of being marked f) Imported by use of importer b) Injurious to the product and not for resale c) Economically prohibitive g) Further processing & obliterated d) Container (only) to be marked h) Ultimate purchaser is aware e) Crude substance i) Produced > 20 yrs prior to import j) J-list In your case, we find that the steel wire frame and cup lose their respective identities and become integral parts of a new article, with a new name, character and use. The imported steel wire and cup are only two of the components which comprise the spark lighter. Accordingly, under the auspices of Section 304 exceptions to marking (g) and (h) supra, we find that the U.S. manufacturer is the ultimate purchaser and the further processing of the steel wire frame and cups render them exempt from the country of origin marking requirements. Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. In your particular instance, subsection (d) applies which provides for the exception to the marking requirements for articles for which the marking of the containers will reasonably indicate the origin of the articles. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport