THE COUNTRY OF ORIGIN MARKING OF COMPONETS USED IN THE MANUFACTURE OF LIQUID PUMPS

N074363 September 29, 2009 MAR-2 OT:RR:NC:N1:102 CATEGORY: MARKING Ms. Cynthia A. Benway Taco, Inc. 1160 Cranston Street Cranston, RI 02920 RE: THE COUNTRY OF ORIGIN MARKING OF COMPONETS USED IN THE MANUFACTURE OF LIQUID PUMPS Dear Ms. Benway: In your letter dated August 28, 2009 you inquire as to the proper marking of imported components used by Taco in the manufacture of “CI” series pumps. A detailed description of the manufacturing operations performed by Taco in the United States was submitted.You indicate that the components used by Taco to manufacture the “CI” series pumps are both purchased domestically and imported from several countries. The major foreign components include an impeller, seat and seal from Mexico, a cover from India, and a sleeve and casing from Brazil. In your inquiry you suggest that the foreign components incorporated in the “CI” series pumps are substantially transformed by the manufacturing processes performed by Taco and request that the foreign components be excepted from marking. 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 USC 1304. 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. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if the manufacturer subjects the imported article to a process which results in a substantial transformation of the article. An article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. Pursuant to 19 CFR 134.35, in such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked.Based on the information made available, we find that the foreign components used in the manufacture of the “CI” series pumps are substantially transformed into articles with a new name, character or use, when incorporated with domestic components to produce finished pumps and that Taco is the ultimate purchaser of such parts. In accordance with 19 CFR 134.35, the imported components, provided they are used by Taco in the manufacture of completed pumps and not sold separately in their condition as imported, are excepted from individual marking and only the outermost containers of the imported articles must be marked with country of origin. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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