THE COUNTRY OF ORIGIN MARKING OF PUMP PARTS.

N249371 January 31, 2014 MAR-2 OT:RR:NC:1:102 CATEGORY: MARKING Ms. Cynthia A. Benway Taco, Inc. 1160 Cranston Street Cranston, RI 02920 RE: THE COUNTRY OF ORIGIN MARKING OF PUMP PARTS. Dear Ms. Benway: This is in response to your letter dated January 13, 2014 requesting a binding ruling on the country of origin marking of imported pump parts from Vietnam. Neither a marked sample nor a photograph was submitted with your request. The products under consideration are cast stainless steel casings that will be used in the production of circulator pumps. Although not individually marked, these casings are shipped from Vietnam in crates marked with the country of origin and sent directly to Taco for processing. You state that each casing is one of the approximately 54 individual parts/components that undergo the necessary manufacturing and assembly needed to produce a finished pump. You further state that the casing has no use until it is manufactured into the finished product. 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 USC 1304. With regard to the permanency of 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. 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 the manufacturer subjects the imported article to a process which results in a substantial transformation of the article. 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. Pursuant 19 CFR 134.35, in such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. Based on the information provided, we find that the casings are substantially transformed into articles with a new name, character or use, when incorporated with other components to produce finished circular pumps. Accordingly, Taco is the ultimate purchaser of the parts in question. In accordance with 19 CFR 134.35, the subject pump parts, provided that they are used by Taco in the assembly of completed circular pumps and not sold separately in their condition as imported, are excepted from individual marking and only the outermost containers of the imported articles must be marked with country of origin. 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Gwen Klein Kirschner Acting Director National Commodity Specialist Division