THE COUNTRY OF ORIGIN MARKING OF ALUMINUM GLADHANDS

N029678 June 20, 2008 MAR-2 OT:RR:E:NC:N1:102 CATEGORY: MARKING Dennis Pohle Velvac, Inc. 2705 South Calhoun Road New Berlin, WI 53151-3513 RE: THE COUNTRY OF ORIGIN MARKING OF ALUMINUM GLADHANDS Dear Mr. Pohle: This is in response to your letter dated May 30, 2008, requesting a ruling on whether the proposed marking "P.R.C." is an acceptable country of origin marking for imported aluminum gladhands. Although a marked sample was not submitted, a color photo with the proposed marking was included with your letter for review. The gladhand is used as a fitting used in the pneumatic system of over the road semi tractor-trailers. 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. The proposed marking of “P.R.C.”, is not marked in satisfaction with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported gladhands. In order to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 the gladhand should be marked “Made in China”. 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