The country of origin of a deck harness kit from Germany and Taiwan.

N243880 August 7, 2013 CLA-2-73:OT:RR:NC:1:117 CATEGORY: Country of origin Ms. Wendy Merritt GRK Fasteners 1499 Rosslyn Road Thunder Bay, Ontario P7E 6W1 Canada RE: The country of origin of a deck harness kit from Germany and Taiwan. Dear Ms. Merritt: In your letter dated July 9, 2013 you requested a country of origin ruling. The product you intend to import is described as a deck harness kit and sold under the name Deck Harness Lateral Load Connector Kit. The kit is composed of multiple components including a steel chain which is named the deck harness, a wood drill bit, screws, U-bolts, hex nuts, washers and steel sleeves. The chain is made of round carbon steel welded links measuring 6mm x 18mm. The chain is fitted at the middle with a plastic plug device which connects two lengths of chain. The length of the entire chain with plug fitting is approximately 39 inches. The function of the deck harness kit is stated to be as an alternative hold-down device to meet and exceed the prescribed requirements for decks that are supported by an adjacent structure and require a positive attachment to resist lateral loads. It is a deck safety device to increase the load capacity of a deck where needed. The kit will be imported packaged for retail sale in a cardboard box. All the components of the kit will be used for the single purpose of a deck hold down device. You state that the components of the kits are imported from Germany and Taiwan into Canada. The deck harness, the most significant part of the kit by weight, value, and function, is manufactured in Germany. All other parts are manufactured in Taiwan. They are then packaged into cardboard boxes which are labeled with product information and kit name and then sold as such to the retail customer. Country of origin is defined as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the country of origin within 19 CFR 134. Therefore, pursuant to 19 CFR 134.1(b), each piece within a kit retains its own country of origin which must be marked if it is of foreign origin unless the packaging of the pieces together effects a substantial transformation.A substantial transformation occurs when articles lose their identity and become new articles having a new name, character or use. Merely packaging parts of a kit together does not constitute a substantial transformation. The parts involved in this kit were merely packaged together and are not substantially transformed. Therefore, the individual parts retain their individual countries of origin. There is not any manufacturing of the finished kit performed in Canada, and the only component of the finished kit package made in Canada is the cardboard box into which the kit is packaged. Therefore, the subject kit is not eligible for NAFTA.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 Deck Harness Lateral Load Connector Kit is the consumer who purchases the product at retail.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 kit by viewing the container in which it is packaged, the individual components within the kits would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the kit components are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported Deck Harness Lateral Load Connector Kit provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. The cardboard boxes of the subject kits are being marked “Made in Germany & Taiwan, packaged in Canada”. Such country of origin marking is acceptable. This ruling is being issued under the provisions of Parts 134 and 177 of the Customs Regulations (19 C.F.R. 134, 177) Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Mary Ellen Laker at (646) 733-3020. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division