THE COUNTRY OF ORIGIN MARKING OF EARTH MOVING MACHINERY LEVERS FROM CHINA.

N036047 September 10, 2008 MAR-2 OT:RR:NC:N1:106 CATEGORY: MARKING Mr. Richard M. Belanger Sidley Austin LLP 1501 K St. NW Washington, DC 20005 RE: THE COUNTRY OF ORIGIN MARKING OF EARTH MOVING MACHINERY LEVERS FROM CHINA. Dear Mr. Belanger: This is in response to your letter dated August 18, 2008, on behalf of your client, Caterpillar Inc., requesting a ruling on whether the proposed marking “China” on a metal plate is an acceptable country of origin marking for imported earth moving machinery levers. A sample of the metal plate was submitted with your letter for review and is being returned. You have stated that certain levers used on earth moving equipment produced by Caterpillar are produced in China and assembled onto the machinery by Caterpillar and also sold as is after market. You are proposing that the levers be imported with an aluminum plate measuring approximately 13 by 7 centimeters bolted to the lever in a conspicuous place. The aluminum plate, as presented, will have the word “China” clearly printed upon it. 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 imported levers for earth moving machinery, as described above, 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 imported levers. 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 Mark Palasek at (646) 733-3013. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division