THE COUNTRY OF ORIGIN MARKING OF MINIATURE BALL BEARINGS

NY 810388 June 22, 1995 CLA-2-:S:N:N3:102 810388 CATEGORY: Marking Mr. Franz A. Stadler RMB SA Eckweg 8 2500 Biel 6 Switzerland RE: THE COUNTRY OF ORIGIN MARKING OF MINIATURE BALL BEARINGS Dear Mr Stadler: This is in response to your letter dated May 22, 1995 requesting a ruling on whether the proposed marking "Switzerland" is an acceptable country of origin marking for imported miniature ball bearings. A marked sample was not submitted with your letter for review. In previous conversations you had explained that the bearings consist of a German-made ring and Swiss-made outer ring, balls and cage. While the bearings are designed and engineered in Switzerland, they are assembled together in the Czech Republic. It is our opinion that there is no substantial transformation associated with the assembly operation in the Czech Republic, and that the principal value of the bearing comes from Switzerland. 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. 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 imported miniature ball bearings, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported bearings. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). Sincerely, Jean F. Maguire Area Director New York Seaport