COUNTRY OF ORIGIN MARKING OF IMPORTED METAL CASTINGS OF 8" KILN WHEELS

NY L85688 June 23, 2005 MAR-2 RR:NC:MM:101 L85688 CATEGORY: MARKING Mr. Donald S. Simpson Barthco Trade Consultants The Navy Yard 5101 South Broad Street Philadelphia, PA 19112-1404 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED METAL CASTINGS OF 8” KILN WHEELS Dear Mr. Simpson: This is in response to your letter dated June 3, 2005 requesting a ruling on whether the proposed method of marking the container in which the Metal Castings of 8” Kiln Wheels is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported Kiln Wheels. A marked sample container was not submitted with your letter for review. You state that Metal Castings of 8” Kiln Wheels are imported by your client Southland Metals Inc. and are exclusively sold to Talladega Machine & Supply (TMS). TMS then assembles these wheels into a kiln truck. You state that TMS is the sole recipient of these wheels and has full knowledge that the country of origin of these parts is China. You further state that because of the assembly operations performed by TMS, you believe that TMS should be considered the ultimate purchaser. The imported castings are used in the assembly of the kiln trucks and are not stocked or sold as individual repair items or replacement items. TMS will be the last user in the United States of these castings in the form in which they were imported. As such, they will be the ultimate purchaser and will know the country of origin (China) of the part numbers of the above castings. 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 Metal Castings of 8” Kiln Wheels is Talladega Machine & Supply 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 Kiln Wheels by viewing the container in which it is packaged, the individual Kiln Wheels would be excepted from marking under this provision. Metal Castings of 8” Kiln Wheels which are imported in containers that are marked in the manner described above, 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 the Kiln Wheels are imported and sold to the ultimate purchaser – Talladega Machine & Supply - in lieu of marking the article itself is an acceptable country of origin marking for the imported Kiln Wheels 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 Robert DeSoucey at 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division