COUNTRY OF ORIGIN MARKING OF AIRCRAFT FUELING HOSE FROM CANADA

N203762 March 5, 2012 MAR-2 OT:RR:NC:N4:421 CATEGORY: MARKING Mr. Paul D. Raglow Veyance Technologies, Inc. 703 S. Cleveland Massillon Road Fairlawn, OH 44333 RE: COUNTRY OF ORIGIN MARKING OF AIRCRAFT FUELING HOSE FROM CANADA Dear Mr. Raglow: This is in response to your letter dated February 7, 2012, requesting a ruling on the country of origin marking requirements for imported rubber aircraft fueling hoses which are manufactured in Canada. A marked sample was not submitted with your letter for review. Rubber aircraft fueling hose will be imported from Canada. In the United States, the customer will cut the hose to length and attach fittings to the hose. The customer will then sell the hose assemblies. At the time of importation the hose will be marked “Made in Canada.” You ask whether, in anticipation of the additional work that will be done in the United States, the hose may include the phrase “Assembled in the USA” next to the “Made in Canada” marking. You did not identify the country of origin of the fittings. 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. 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 he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that 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. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See 19 CFR 134.35. In this case, the imported hose is not substantially transformed when it is cut to size or when fittings are attached in the United States. The purchaser of the hose with fittings is considered to be the ultimate purchaser of the imported hose. The imported hose must be marked in such a way that the ultimate purchaser knows the country of origin. In general, hose imported in material lengths must be marked at intervals of at least every 10 feet to ensure that each hose that is cut from the bulk hose contains country of origin marking. Country of origin marking on hose should be applied by imprinting, stenciling, or other method resulting in a marking sufficiently permanent to remain on the hose until it reaches the ultimate purchaser in the United States. The Federal Trade Commission (“FTC”) has jurisdiction concerning the use of the phrase “Made in the U.S.A” or similar words denoting U.S. origin. The proposed marking “Assembled in the USA” may cause confusion to the final consumer. Consequently, any inquiries regarding the use of this phrase should be directed to: Division of Enforcement Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580 Telephone: 202-326-2996 URL address: www.ftc.gov 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, Thomas J. Russo Director National Commodity Specialist Division