THE COUNTRY OF ORIGIN MARKING OF NEEDLE ROLLER BEARINGS

NY K82605 February 19, 2004 MAR-2 RR:NC:1:102 K82605 CATEGORY: MARKING Mr. Alexander H. Schaefer Crowell & Moring LLP 1001 Pennsylvania Avenue, N.W. Washington, DC 20004-2595 RE: THE COUNTRY OF ORIGIN MARKING OF NEEDLE ROLLER BEARINGS Dear Mr. Schaefer: This is in response to your letter dated January 22, 2004 requesting a ruling on behalf of your client NSK on exceptions to the country of origin marking for imported needle roller bearings and parts of needle roller bearings. Samples were submitted with your letter for review. The articles in question include thrust and radial needle bearings, which are essentially cage and needle roller assemblies, thrust needle bearings with integrated raceway washers, raceway washers, needle rollers, which are also known as shafts or pins, and tappet rollers. You indicate that given the size, construction and critical surfaces of the subject bearings and parts, they cannot be individually marked with their country of origin, as there are no surfaces on the bearings where the marking could be made. NSK has considered a variety of marking methods, all of which would compromise the performance of the bearing or part by warping or otherwise causing irregularities to surfaces that by design must be uniform and free of surface defects. You further indicate that NSK plans to mark the country of origin on the boxes in which the bearings and parts are imported into the United States such that the origin will be reasonably conveyed to the ultimate purchaser. For users who are original equipment manufacturers, NSK will wrap and stack the bearings and parts directly into bulk cartons. For after-market users, NSK will pack the bearings and parts individually in small boxes. Because the bearings and parts are incapable of being individually marked and will be packaged in containers that will reasonably indicate the origin of the articles to the ultimate purchaser, you request the bearings and parts be excepted from the individual marking requirement for imported articles. 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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 C.F.R. §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. 19 C.F.R. §134.32(a) provides an exception to marking an article, if that article is incapable of being marked. Based on your representations, we find that due to the design requirements imposed on the surfaces of the subject bearings and parts, the individual articles are incapable of being marked. Accordingly, under 19 C.F.R. §134.32(a), the individual bearings and parts are excepted from country of origin marking. When an article is excepted from the marking requirements, 19 C.F.R. §134.22 requires that 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. NSK’s proposed marking of the bulk cartons and individual boxes for the imported needle roller bearings and parts will satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 Kenneth T. Brock at 646-733-3009. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division