The country of origin marking of bicycle components

 N269994 November 20, 2015 MAR-2:OT:RR:NC:N1:101 CATEGORY: MARKING Lindsay B. Meyer, Partner Venable LLP 575 Seventh Street, NW Washington, DC 20004 RE: The country of origin marking of bicycle components Dear Lindsay Meyer, This is in response to your letter dated October 22, 2015, on behalf of Kent International, Inc. (“Kent”) of Parsippany, New Jersey requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported bicycle components.In your request, you state that Kent plans to produce bicycles in its facility in South Carolina. Kent plans to import numerous bicycle parts which are manufactured abroad (namely frames) and have them assembled into complete and finished bicycles. Thus, having Kent be known as the ultimate purchaser of the imported components, and as such, the imported components (namely frames) are exempt from country of origin marking. In addition, since the imported components (namely frames) are substantially transformed in the U.S., Kent can mark the bicycles “Made in the U.S.A.”. This would comply with the marking statute, Section 304, Tariff Act of 1930, as amended (19 USC 1304), provided 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 134), implements the country of origin marking requirements 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 articles in the form in which it is imported. As in a similar case involving your client, Kent, HQ H253522 (02-05-15), this office is in agreement with your request. When the bicycle components manufactured abroad are assembled into complete and finished bicycles at Kent’s South Carolina facility, the country of origin of the complete bicycle will be the United States. It should be noted that the port director at the port of entry must be satisfied that Kent will received these imported bicycle components in their original unopened marked containers, used only as described and not otherwise sold. Please be aware, if a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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, please contact National Import Specialist Matthew Sullivan at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division