Country of origin marking for vehicle parts; speedometer; sender; Repackaging; Container; incapable of being marked; 19 CFR 134.25; 19 CFR 134.34

HQ W559252 October 5, 1995  MAR-2-05 R:C:S W559252 MLR  CATEGORY: Marking   Ms. Donna Williams VDO Yazaki Corp. 188 Brooke Road P.O. Box 2897 Winchester, VA 22604 RE: Country of origin marking for vehicle parts; speedometer; sender; Repackaging; Container; incapable of being marked; 19 CFR 134.25; 19 CFR 134.34 Dear Ms. Williams: This is in reference to your letter of June 5, 1995, requesting a ruling concerning the country of origin marking requirements for various vehicle parts. Samples were submitted with your request. FACTS: The articles at issue are various vehicle parts which VDO Yazaki ("VDO") imports into the U.S. Samples of a tachometer, mounting cup kit, nozzle, washer fitting, lid/hose assembly, paddle wheel, washer filler cap, and a socket steel were submitted. A list of other parts imported by VDO was also submitted. It is stated that these parts are repackaged by VDO, and at that time, you wish to mark the containers of these articles with the country of origin of the article. It is also stated that some of the parts are incapable of being marked because of their size or complex nature. The samples submitted are either in blister packaging, plastic bags, or boxes which contain a sticker with the name and country of origin of the article. VDO wishes to obtain a blanket marking waiver for these imported vehicle parts. ISSUE: Whether the imported parts and their containers may be excepted from marking  pursuant to 19 CFR 134.34. LAW AND ANALYSIS: 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 (I 9 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(d), Customs Regulations {19 CFR 134.1(d)}, defines 11ultimate purchaser" as generally the last person in the U.S. who will receive the article in the form in which it was imported. Pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d), imported articles for which the marking of the containers will reasonably indicate the origin of the articles are not required to be individually marked. This exception applies in cases where the article is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser will receive it in its unopened marked container. However, in this case, based upon some of the samples submitted, it appears that neither the imported vehicle parts nor their containers are marked with their country of origin. Therefore, since the imported vehicle parts will be repackaged in the U.S. after importation, 19 CFR 134.34 applies. Section 134.34, Customs Regulations (19 CFR 134.34), as amended by T.D. 95-78, published in the Federal Register, September 27, 1995 (60 FR 50020), states that an exception from marking the article itself and its container may be authorized pursuant to 19 CFR 134.32(d) in the discretion of the port director for imported articles which are to be repacked after release from Customs custody under the following conditions: The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S. The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry.  Accordingly, if approval is granted by the port director under 19 CFR 134.34, it would be acceptable to mark the article (or its container) with a single, centrally-located, country of origin marking. Please note that 19 CFR 134.34 does not provide for any blanket marking exception procedure. You have also indicated that a blanket marking waiver under 19 CFR 134.26 has been denied at the Port of Baltimore since the imported vehicle parts are not J-list articles. While 19 CFR 134.25 applies to J-list articles, 19 CFR 134.26 applies to articles properly marked at the time of importation that will be repacked in retail containers after their release from Customs custody. Accordingly, the certification requirements provided at 19 CFR 134.26 only will apply to those articles marked with their country of origin (such as the tachometer), or to those articles which are imported in properly marked containers. & HRL 734230 dated November 20, 1991. Therefore, if the imported vehicle parts themselves are not marked and you do not wish to import them in properly marked containers, the requirements of 19 CFR 134.34 must be satisfied. Otherwise, if the articles themselves are marked or they are imported in properly marked containers, the certification requirements of 19 CFR 134.26 will apply. Section 134.26, Customs Regulations (19 CFR 134.26), as amended by T.D. 95-78, provides in pertinent part that: If an imported article subject to these requirements is intended to be repackaged in retail containers (e.g. blister packs) after its release from Customs custody, or if the port director having custody of the article, has reason to believe that such article will be repacked after its release, the importer shall certify to the port director that: (1) If the importer does the repacking, be shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this part .... Please note that 19 CFR 134.26(a) also provides that the certification statement may be submitted in blanket form to cover all importations of a particular product for a given period. In regard to the vehicle parts which you claim are incapable of being marked, 19 CFR 134.32(a) applies. This section provides an exception to marking an article, if that article is incapable of being marked. Based on the samples submitted, i.e., the nozzle, washer fitting, lid/hose assembly, paddle wheel, washer filler cap, and a s_oc et steel (but not the tachometer and mounting cup kit which are capable of being marked),  we agree that because of their size and construction they are incapable of being marked and, accordingly, under 19 CFR 134.32(a), they are excepted from country of origin marking. However, under 19 CFR 134.22, when an article is excepted from marking, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country origin of the article. Furthermore, if these articles incapable of being marked are imported in bulk without marking, the requirements of 19 CFR 134.25 apply. As provided in 19 CFR 134.25, as amended by T.D. 95-78, if an imported article which is incapable of being marked is intended to be repacked in a new container for sale to an ultimate purchaser after its release from Customs custody, or if the port director having custody of the article, has reason to believe such article will be repacked after its release, the importer shall certify to the port director that the new container will be marked to indicate the country of origin of the article. Please note that 19 CFR 134.25(a) also provides that the certification statement may be submitted in blanket form to cover all importations of a particular product for a given period. HOLDING: Based on the facts and samples submitted, subject to the port director's discretion, the vehicle parts and their containers may be excepted from marking pursuant to 19 CFR 134.32(d), and the vehicles parts may be repackaged in properly marked containers after their release from Customs custody if the requirements of 19 CFR 134.34 are satisfied. In the alternative, if the vehicle parts are imported in properly marked containers or they are individually marked with their country of origin, the certification requirements of 19 CFR 134.26, or 19 CFR 134.25 for those articles incapable of being marked, must be satisfied. A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John Durant, Director Tariff Classification Appeals Division