THE COUNTRY OF ORIGIN MARKING OF PUMP PARTS AND A MOTOR.

N288862 August 28, 2017 MAR-2 OT:RR:NC:N1:102 CATEGORY: MARKING Laura Siegel Rabinowitz Kelley Drye & Warren, LLP 101 Park Avenue New York, NY 10178 RE: THE COUNTRY OF ORIGIN MARKING OF PUMP PARTS AND A MOTOR. Dear Ms. Rabinowitz: This is in response to your letter dated August 2, 2017 on behalf of TACO Inc., requesting a binding ruling on the country of origin marking of various imported pump parts. A marked sample was not submitted with your request. In your letter, you inquire as to the proper marking of imported components used by Taco in the manufacture of the 2400 Series Circulator water pump. A detailed description of the manufacturing operations performed by Taco in the United States was submitted. It is indicated that four of the twelve components used by Taco to manufacture the 2400 Series Circulator water pump are both domestically manufactured and imported from other countries. The foreign components include a casing, a plate assembly, a motor, and a mechanical seal assembly. In your inquiry you suggest that the foreign components incorporated in the 2400 Series Circulator water pump are substantially transformed by the manufacturing processes performed by Taco and request that the foreign components be excepted from 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 USC 1304. With regard to the permanency of 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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. 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. 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 the manufacturer subjects the imported article to a process which results in a substantial transformation of the article. 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. Pursuant 19 CFR 134.35, in such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. Based on the information provided, we find that the imported components are substantially transformed into an article with a new name, character or use, when incorporated with other components to produce finished circulator pumps. Accordingly, Taco is the ultimate purchaser of the subject casing, plate assembly, motor, and mechanical seal assembly, In accordance with 19 CFR 134.35, the subject casing, plate assembly, motor, and mechanical seal assembly, provided that they are used by Taco in the assembly of the 2400 Circulator water pump and not sold separately in their condition as imported, is excepted from individual marking and only the outermost containers of the imported article must be marked with country of origin. 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 Sandra Martinez at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division