COUNTRY OF ORIGIN MARKING OF IMPORTED DISC BRAKES

NY L81544 January 5, 2005 MAR-2 RR:NC:MM:101 L81544 CATEGORY: MARKING Mr. Brian Kavanaugh Trade Advisor Deringer Logistics Consulting Group 1 Lincoln Blvd., Suite 225 Rouses Point, New York 12979 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED DISC BRAKES Dear Mr. Kavanaugh: This is in response to your letter dated December 15, 2004 requesting a ruling on whether the proposed method of marking the container in which the disc brake is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported disc brake. A marked sample container was not submitted with your letter for review. You state that the disc brakes will be imported in a cardboard box and individually packaged, with only one item per box. The item will not be blister packed. The ultimate purchaser will be an auto part retailer of aftermarket auto parts for resale to the general public. 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 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 article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the disc brake is the consumer who purchases the product at retail. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the disc brake by viewing the container in which it is packaged, the individual disc brake would be excepted from marking under this provision. Disc brakes which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the disc brakes are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported disc brakes provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser – the general public. 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 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division