Country of origin marking of imported exhaust manifolds

NY C88215 June 2, 1998 MAR-2 RR:NC:MM:106 C88215 CATEGORY: Marking Mr. Paul Shah The Shah Group, Inc. 3173 Herrick Road Columbus, OH 43221 RE: Country of origin marking of imported exhaust manifolds Dear Mr. Shah: This is in response to your letter dated May 15, 1998 requesting a ruling on whether the proposed method of marking the container in which exhaust manifolds are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported merchandise. A marked sample container was not submitted with your letter for review. You advise us that the exhaust manifolds are manufactured in India by your company for import to the United States and sold to one specific customer in the U. S. The manifolds are for use in diesel engines. 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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the exhaust manifolds is the consumer who purchases the product at retail. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the exhaust manifolds by viewing the container in which it is packaged, the individual exhaust manifolds would be excepted from marking under this provision. In summary, exhaust manifolds which are imported in containers that are marked with their country of origin, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which these manifolds are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Patrick J. Wholey at 212-466-5668. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division