COUNTRY OF ORIGIN MARKING OF IMPORTED SEALS, GASKETS ANDINSULATORS

N225735 August 3, 2012 MAR-2 OT:RR:NC:N4:421 CATEGORY: MARKING Mr. Joseph Walter Livingston International Trade Services, Inc. 670 Young Street Tonawanda, NY 14150 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SEALS, GASKETS AND INSULATORS Dear Mr. Walter: This is in response to your letter dated July 12, 2012, on behalf of Mahle Filter Systems, Canada, requesting a ruling on whether the proposed method of marking the container in which seals, gaskets and insulators are imported with the country of origin in lieu of marking the individual articles is an acceptable country of origin marking. A marked sample container was not submitted with your letter for review. The merchandise is described as seals and gaskets made in Canada and insulators made in China. The products will be sold in bulk quantities to a customer in the United States. The articles will be packed for shipment to that customer in a corrugated paperboard box. The country of origin, along with customer specific product information, will be printed on a bar-coded label that will be affixed to the outside of the box. The articles themselves will not be marked with their respective countries of origin. After importation, the articles may be shipped to production plants for assembly into new vehicles, may be distributed to dealerships for use as service parts or may be re-sold to the general public. The actual end use by the customer, i.e., production, service parts or re-sale, is not known at the time of sale and shipment to the United States. 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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the products used in assembly is the production company, the ultimate purchaser of the products used as service parts is the dealership, and the ultimate purchaser of the products purchased by the general public is the retail consumer. 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 product by viewing the container in which it is packaged, the individual products would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Marking the container in which the components are imported and sold to the ultimate purchaser in lieu of marking the articles themselves is an acceptable country of origin marking only when they are being sold for direct use by the production companies or the dealerships. In such case, marking of the container is acceptable as long as the port director is satisfied that the products will only be sold in full marked carton containers to the ultimate purchasers and will not be otherwise sold or distributed. In such a case, the individual products can be excepted from country of origin marking on a case by case basis. However, in the circumstances that you describe, the actual end use is unknown at the time of sale and shipment to the United States and there appear to be no controls that prevent the products from being re-sold to the general public. Therefore the imported seals, gaskets and insulators must be individually marked with the country of origin to assure that the marking reaches the ultimate purchaser. 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