THE COUNTRY OF ORIGIN MARKING OF AN AIR PURGING VENT

N120057 September 17, 2010 MAR-2 OT:RR:NC:N1:102 CATEGORY: MARKING Ms. Cynthia A. Benway Taco, Inc. 1160 Cranston Street Cranston, RI 02915 RE: THE COUNTRY OF ORIGIN MARKING OF AN AIR PURGING VENT Dear Ms. Benway: This is in response to your letter of August 20, 2010, requesting a binding ruling regarding the country of origin marking of imported air purging vents used in the manufacture of boilers. Samples were not submitted with your letter. In your request you indicate that the vents are manufactured in Italy and imported from Switzerland. The vents, which are very small in size and not individually marked with their country origin, are imported in unmarked boxes, with each inner box containing 12 vents. The unmarked boxes are packed in bulk in outer shipping cartons. The outer shipping cartons are marked to indicate the country of origin of the enclosed vents. Upon importation into the U.S., Taco will remove the inner boxes from the bulk outer boxes and affix a label to each of the smaller boxes of vents so that when the boxes reach their ultimate purchaser, U.S. Boiler Company, each box will indicate the country of origin of the enclosed vents. You also indicate that the subject air purging vents are not a “resale” item in that they are only sold to U.S. Boiler, an original equipment manufacturer (OEM) for use in the manufacturer of boilers. Section 304 of the 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 134.1(d), Customs Regulations, defines "ultimate purchaser" as generally the last person in the U.S. who will receive the article in the form in which it was imported. Based on the information you have made available, we agree that U.S. Boiler is the ultimate purchaser of the imported vents.      Pursuant to 19 CFR 134.32(d), an exception from individual marking is applicable where the marking of a container of such article will reasonably indicate the origin of the article. This exception is normally applied in cases where the article is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser will receive it in the original unopened marked container. Relevant factors regarding whether an article is likely to remain in its original container include the chain of distribution, the type of container, and the nature of the article.When neither the imported article nor its container is properly marked, and the container in which an article is to be repackaged after release from Customs custody will be marked with the article’s proper country of origin, the provisions of 19 CFR 134.34 should be used. However, the procedures of 19 CFR 134.26 may be applied to articles properly marked at the time of importation that will be repackaged in retail containers after their release from Customs custody. Based on the facts submitted in this case, the outermost containers of the imported vents are properly marked at the time of importation and the separate procedures of 19 CFR 134.34 would not apply. Since the vents will be repackaged by affixing a label to the inner boxes in which they will be sold to the ultimate purchaser, the requirements of 19 CFR 134.26 would apply.Section 134.26(a) of the Customs Regulations (19 CFR 134.26(a)), provides that if an imported article subject to these requirements is intended to be repacked in retail containers after its release from Customs custody, or if the port director having custody of the article, has reason to believe that such article will be repacked after its release, the importer shall certify to the port director that: (1) If the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this part; or (2) if the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements.The certificate of marking to be provided by the importer to Customs is set forth at 19 CFR 134.26(a). It may be submitted in blanket form to cover all importations of a particular product for a given period, but the certificate must be filed at each port where the article(s) is entered. The notice that shall be given to the subsequent purchaser or repacker is set forth at 19 CFR 134.26(d). Customs ruled in Headquarters Ruling Letter 560383, dated August 15, 1997, that imported automobile parts could be excepted from individual marking pursuant to 19 CFR 134.26(d), if the outer containers were properly marked with the part’s country of origin, and the port was satisfied that the ultimate purchasers would receive the parts in properly marked containers. In this case the outermost container in which the vents are imported will be marked and the vents will also be supplied to the manufacturer of boilers. Therefore, provided Taco supplies the vents to an OEM, and files a certification with the port director as indicated in 19 CFR 134.26(a), and provides notice to the original equipment manufacturers (who may resell the vents), as indicated in 19 CFR 134.26(d), the vents repacked in properly marked containers may be excepted from country of origin marking under 19 CFR 134.32(d). The imported vents may be excepted from individual country of origin marking under 19 CFR 134.32(d), provided CBP is satisfied that there is compliance with 19 CFR 134.26 and the ultimate purchasers will receive the vents in properly marked containers. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs official handling the transaction. 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