THE COUNTRY OF ORIGIN MARKING OF REPACKAGED WIRE HARNESSES INTO A CARDBOARD BOX

NY G87441 March 1, 2001 MAR-2 RR:NC:MM:101 G87441 CATEGORY: MARKING Ms. Kathy Young Customs Coordinator DAA Draexlmaier Automotive of America LLC 1751 East Main Street P.O. Box 1345 Duncan, South Carolina 29334 RE: THE COUNTRY OF ORIGIN MARKING OF REPACKAGED WIRE HARNESSES INTO A CARDBOARD BOX Dear Ms. Young: This is in response to your letter dated February 9, 2001 requesting a ruling on whether the proposed marking "Wire Harnesses Made In Romania, Repackaged In Germany" is an acceptable country of origin marking for disposable cardboard boxes containing imported wire harnesses. A marked sample was not submitted with your letter for review. You state that wire harnesses used in motor vehicles are manufactured in Romania. From Romania they are sent to Germany, in bulk, in a reusable container. These wire harnesses do not enter the commerce of Germany. In Germany they are repackaged for export to the United States, in bulk, into cardboard boxes not suitable for reuse. You further state that when these cardboard boxes arrive in the United States each wire harness is individually marked with the country of origin “Made in Romania” when resold to vendors in the United States. You would like to verify the correct country of origin marking that needs to be put on the disposable cardboard boxes sent from Germany to the United States. You suggest, “Wire Harnesses Made in Romania, Repackaged in Germany.” 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 CFR 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. With regard to the permanency of a 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. 19 CFR 134.24 states that in the case of disposable containers (containers or holders not designed for or capable of reuse), only the country of origin of their contents needs to be marked. Therefore, the marking “Wire Harnesses Made in Romania”, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the disposable cardboard boxes containing imported wire harnesses. 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 Robert DeSoucey at 212-637-7035. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division