The Country Of Origin marking of a Hitch Kit

N015583 August 27, 2007 MAR-2 RR:E:NC:N1:101 CATEGORY: MARKING Gary Wieckowski II, Customs Compliance Analyst Cequent Towing Products 47774 Anchor Court West Plymouth, MI 48170-2456 RE: The Country Of Origin marking of a Hitch Kit Dear Mr. Weickowski: This is in response to your letter dated August 9, 2007, requesting a ruling on Country of Origin marking for Weight-Distributing Hitch Kits (Part # 49570). A marked sample was not submitted with your letter for review. You stated in your Ruling Request and in a telephone conversation held on August 16th that all parts are manufactured in China, boxed as kits, place in a master crate and sent to your distribution center in the U.S.. Once parts are received at your distribution center, they are forwarded to various dealerships. Customers can then buy a Kit from a dealership or can request a dealership assemble and attach the Hitch. The purpose of the Weight-Distributing Hitch is to remove excessive weight from the rear axle of the tow vehicle by distributing it to the vehicle’s front wheels and the wheels of the towed trailer. 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 C.F.R. 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. Subpart D, Section 134.32(d) of 19 C.F.R. states that “Articles for which the marking of the containers will reasonably indicate the origin of the articles” may be exempted from individual component marking requirements. Subpart C, Section 134.22(a) of 19 C.F.R. states ‘When an article is excepted from the marking requirements by subpart D of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin.” Therefore, upon importation into the U.S., the master crate containing the boxes of unassembled Weight Distributing Hitches (Part #49570) must be permanently marked “MADE IN CHINA”. Section 134.41(b), Customs Regulations (19 C.F.R. 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 Weight Distributing Hitches (Part #49570) is the consumer who purchases the product at retail. Subpart D, Section 134.32(d) of 19 C.F.R. states that “Articles for which the marking of the containers will reasonably indicate the origin of the articles” may be exempted from individual component marking requirements. Subpart C, Section 134.22(a) of 19 C.F.R. states ‘When an article is excepted from the marking requirements by subpart D of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin.”. The unassembled Weight Distributing Hitches (Part #49570) will reach the ultimate purchaser (retail consumer) in the boxes which are imported within the master crate; therefore the boxes should be permanently marked “MADE IN CHINA”. This ruling is being issued under the provisions of Parts 134 and 177 of the Customs Regulations (19 C.F.R. Parts 134, 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 Richard Laman at 646-733-3017. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division