Marking requirements for cast aluminum wheels from China and Taiwan

N192617 December 7, 2011 CLA-2-87:OT:RR:NC:N1:101 CATEGORY: Marking Jose L. Santiago, General Manager Indy Performance P.O. Box 9069 Plaza Carolina Station Carolina, Puerto Rico 00988-9069 RE: Marking requirements for cast aluminum wheels from China and Taiwan Dear Mr. Santiago, In your letter dated November 9, 2011 you requested a marking ruling. The items under consideration are cast aluminum wheels for passenger vehicles and light trucks (SUVs). You state in your request that the wheels “come [are imported] in closed boxes where the country of origin is printed on the box.” You also state that the wheels are “sold to retailers or to end consumers directly in the same close [sic] container that they were imported [in].” You further state that some of the imported wheels have the country of origin cast into them by the mold in which they were formed, but that other “factories” will not use that process, so you will have the wheels that are manufactured in those factories marked legibly in a way that “cannot be removed without damaging the paint finish of the wheel.” 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. Your proposed marking of “Made in China” and “Made in Taiwan” on both the boxes containing the wheels and on the wheels, themselves, as described in the first paragraph of this ruling, 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 cast aluminum wheels. 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 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 Richard Laman at 646-733-3017. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division