COUNTRY OF ORIGIN MARKING OF BUSHINGS, PULLEYS AND FLYWHEELS

NY L87621 October 12, 2005 MAR-2 RR:NC:1:102 L87621 CATEGORY: MARKING Mr. Brian Kavanaugh Deringer Logistics Consulting Group 1 Lincoln Boulevard (Suite 225) Rouses Point, NY 12979 RE: COUNTRY OF ORIGIN MARKING OF BUSHINGS, PULLEYS AND FLYWHEELS Dear Mr. Kavanaugh: This is in response to your letter dated September 6, 2005 requesting a marking ruling on behalf of your client Pouiles Maska, a Canadian corporation. Marked samples were submitted with your letter for review. The articles in question are described as bushings, pulleys and flywheels manufactured in China. The articles are either boxed or banded. The boxes and bands indicate product information and are marked “Made in China”. You indicate that the articles will not be repackaged after importation and the articles will be sold in their condition as imported to their ultimate purchasers. You inquire whether the marking of the articles as indicated above is acceptable. You also indicate that your client is considering the inclusion of the logo “Canadian Manufacturer” near the Maska name on instructions packed with the articles and/or on the outside of the boxes and bands containing the articles. You inquire as to whether this proposed marking would be acceptable. The submitted samples of the marked articles reflect only the current marking, not the proposed marking. 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. 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. Based on examination of the marked samples, we find that the current marking of the packaging for the imported bushings, pulleys and flywheels, as described above, is conspicuous, legible and permanent, and meets the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. However, the proposed addition of the “Canadian Manufacturer” logo to the current marking would be acceptable only if the requirements of Section 134.46, Customs Regulations (19 CFR 134.46) are met. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the name of a foreign country or locality other than the country or locality in which the article was manufactured appears on an imported article or its container. We find that the addition of the marking “Canadian Manufacturer” to the current marking of the boxes and bands may mislead the ultimate purchaser as to the actual country of origin. Accordingly, to render the proposed marking acceptable, the boxes and bands must be marked, legibly and permanently, in close proximity to the proposed “Canadian Manufacturer” logo, and in at least a comparable size, with "Made in China", or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) on which “Canadian Manufacturer” appears. With regard to instruction sheets that may be packed together with the articles, whether or not they are printed with the “Canadian Manufacturer” logo has no bearing on the marking of the articles or their containers. 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 Kenneth T. Brock at 646-733-3009. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division