THE COUNTRY OF ORIGIN MARKING OF REBARS FROM THE DOMINICAN REPUBLIC.

N033436 July 22, 2008 MAR-2 OT:RR:E:NC:N1:117 CATEGORY: MARKING Mr. Jose Miguel Vega Industrias Nacionales, C. por A. Carretera de Villa Mella Zona Industrial La Isabela Santo Domingo, Dominican Republic 1 RE: THE COUNTRY OF ORIGIN MARKING OF REBARS FROM THE DOMINICAN REPUBLIC. Dear Mr. Vega: This is in response to your letter dated July 15, 2007 requesting a ruling on whether the proposed marking "Dom Rep" or “DR” is an acceptable abbreviation for country of origin marking for imported rebar. A marked sample was not submitted with your letter for review. The imported product consists of reinforcing bar made to ASTM specification A-615 in standard grades 40 and 60. Although you have been marking the bar with the country of origin designation, “Dominican Rep”, you are now requesting to mark the bar with either the abbreviation “Dom Rep” or “DR” . 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. Section 134.45(b) of the Customs Regulations (19 CFR 134.45(b), provides that an article may be properly marked using an abbreviation for the country if it unmistakably indicates the name of a country. The abbreviations “Dom Rep” and “DR” do not unmistakably identify the country of origin of the rebar. The abbreviation “Dom Rep” has been held in HQ ruling 561543 to be unacceptable marking for products of the Dominican Republic. Therefore, your proposed marking of either “Dom Rep” or “DR” for the rebar does not satisfy the requirements of 19 USC 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 Gloria Stingone at 646-733-3020. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division