COUNTRY OF ORIGIN MARKING OF IMPORTED HOSE TIDY FITTINGS

N235352 December 6, 2012 MAR-2 OT:RR:NC:N4:421 CATEGORY: MARKING Mr. William Cooke Line-Safety LLC 1990 Maine Street, Suite 750 Sarasota, FL 34236 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED HOSE TIDY FITTINGS Dear Mr. Cooke: This is in response to your letter dated November 12, 2012, requesting a ruling on whether imported hose tidy fittings are required to be individually marked with the country of origin if they are later to be processed in the U.S. by a U.S. manufacturer. A marked sample was not submitted with your letter for review. The product is identified as a polypropylene hose tidy. The hose tidy is a fitting that provides a fixing point for a propane coupling when detached from a propane supply cylinder. After importation the component is attached to a gas grill, patio heater or similar product. The hose tidy will be imported in quantities of 100 to a heat sealed polyethylene bag. A picture of the marked bag was included with your request. The label includes the markings “Made in Great Britain,” “OEM Application Only,” and “Not for individual re-sale.” 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. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35. In this case, the imported hose tidy fittings are substantially transformed as a result of the U.S. processing, and therefore the U.S. manufacturer of the gas grill, patio heater or similar device is the ultimate purchaser of the imported fittings. Under 19 CFR 134.35 only the containers which reach the ultimate purchaser are required to be marked to indicate Great Britain as the country of origin. Accordingly, the hose tidy fittings can be excepted from individual marking provided the CBP officials at the port of importation are satisfied that the products will reach the ultimate purchaser in the sealed marked packages. 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 Joan Mazzola at (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division