THE COUNTRY OF ORIGIN MARKING OF INSULATED PIPE FROM CANADA

N125258 October 27, 2010 MAR-2 OT:RR:NC:N4:421 CATEGORY: MARKING Mr. Kenneth M. Carmon Bay Brokerage, Inc. 44951 County Route 191 P.O. Box 293 Wellesley, MD 13640 RE: THE COUNTRY OF ORIGIN MARKING OF INSULATED PIPE FROM CANADA Dear Mr. Carmon: This is in response to your letter dated September 23, 2010, on behalf of Urecon Limited, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported pipe. Photographs of the proposed marking were submitted with your letter for review. The merchandise consists of six types of pre-insulated pipe. The core pipes may be made of polyvinyl chloride (PVC), polyethylene, ductile iron, copper, steel or stainless steel. Some of the core pipes are made in the United States while others are made in Canada. In Canada the core pipe is covered with a layer of urethane foam for insulation. The insulation is then covered with a jacket that may be made of polyethylene tape, extruded polyethylene, extruded PVC or spiral metal. You have submitted pictures showing that the pipe jacket is stenciled with marking that identifies the country of origin of the core pipe, identifies Urecon as the company that insulates the pipe in Canada and specifies that the insulation is made in Canada. You propose including this stenciled marking at a slight distance, approximately one foot, from each end of the pipe. The pipe will be imported in lengths up to 50 feet. You state that the pipe will be used in the imported lengths, and that even if one end is cut off to form a bend, the marking on the other end will remain intact. 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. 19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling. 19 U.S.C. 1304(c)(2), provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles. The proposed marking of the imported insulated pipe with stenciling as described above is considered to be conspicuous, legible and permanent 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 pipe as long as the port director at the port of entry is satisfied that the pipe will be sold in the imported dimensions. When pipe is imported in material lengths that may be cut to smaller lengths after importation, then the pipe must be marked at intervals that insure that the country of origin appears on any pipe lengths that are cut from the imported length. Generally, marking at 10 foot intervals is sufficient to ensure that any pipe cut from the imported pipe will contain country of origin marking. Marking at greater intervals is acceptable as long as the port director at the port of entry is satisfied that the pipe will not be cut at smaller intervals than the marked intervals. 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 Joan Mazzola at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division