COUNTRY OF ORIGIN MARKING OF IMPORTED VEHICLE PARTS

N100718 May 3, 2010 MAR-2 OT:RR:NC:N1:101 CATEGORY: MARKING Paul Codere, Brokerage Manager AIT Customs Brokerage 701 N Rohlwing Road Itasca, IL 60143-1348 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED VEHICLE PARTS Dear Mr. Codere: This is in response to your letter dated April 8, 2010, requesting a ruling on whether the proposed method of marking the containers in which the Forged Knuckles (Part #s SPN030591 & SPN017664) and Partially Machined Spindles (Part #s SPN017664 & SPN010684) are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking. A marked sample container was not submitted with your letter for review, but a photograph of the proposed marked containers was included with your submission. You state in your request that the Forged Knuckles (Part #s SPN030591 & SPN017664) and Partially Machined Spindles (Part #s SPN017664 & SPN010684) will be imported from South Korea for further processing and assembly by Diversified Machine, Inc. (DMI) of Wixom, Michigan. You further state that – 1. Each box or container will have a proper label that includes country of origin on the outermost package. 2. Both DMI and their customer know the Country of Origin of the products. 3. The imported parts will be further manufactured. Any marking would not be seen because the parts are assembled into other components. 4. The American Automotive Labeling Act (AALA) information will be provided to all end users to accurately reflect the North American content of their vehicles, engines and transmissions. 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. In this case, the ultimate purchaser of the Forged Knuckles (Part #s SPN030591 & SPN017664) and Partially Machined Spindles (Part #s SPN017664 & SPN010684) is Diversified Machine, Inc. 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 Forged Knuckles (Part #s SPN030591 & SPN017664) and Partially Machined Spindles (Part #s SPN017664 & SPN010684) by viewing the container in which it is packaged, the individual Forged Knuckles (Part #s SPN030591 & SPN017664) and Partially Machined Spindles (Part #s SPN017664 & SPN010684) would be 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 Forged Knuckles (Part #s SPN030591 & SPN017664) and Partially Machined Spindles (Part #s SPN017664 & SPN010684) 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 Forged Knuckles (Part #s SPN030591 & SPN017664) and Partially Machined Spindles (Part #s SPN017664 & SPN010684) provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference or by implication, is accurate and complete in every material respect. This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs. 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 Richard Laman at (646) 733-3017. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division