The tariff country of origin of cylinders from China

N259795 December 23, 2014 CLA-2-73:OT:RR:NC:2:230 CATEGORY: Country of Origin Mr. S. Anthony Grasso Tyco Fire Products 1 Stanton Street Marinette, WI 54143 RE: The tariff country of origin of cylinders from China Dear Mr. Grasso: In your letter dated December 1, 2014, you requested a country of origin/marking ruling. The ruling was requested for cylinders and cylinder assemblies. Product information was submitted for our review. The cylinders are to be used in a fire suppression system. The cylinders, which are made of steel, are imported without valves, gauges, or the fire suppression agent. The cylinders are manufactured in China; as such, China is the country of origin of the cylinders. You indicate that the valves, gauges, and fire suppression agent are added to the cylinders after importation into the United States. As Customs and Border Protection’s jurisdiction extends only to marking of goods in their condition as imported into the United States, as governed by Title 19, Code of Regulations (CFR), Part 134, we will address the marking of the cylinders only and not the marking of the completed fire suppression devices. In accordance with 19 CFR 134.1(d), the ‘‘ultimate purchaser’’ is generally the last person in the United States who will receive the article in the form in which it was imported. Because Tyco Fire Products (Tyco) manufactures the cylinders after importation, Tyco is considered the ultimate purchaser of the cylinders. Marking of the cylinders is governed by 19 CFR 134.22, which states: (a) Contents excepted from marking. When an article is excepted from the marking requirements by subpart D (namely, 134.32 (g) Articles to be processed in the United States by the importer or for his account otherwise than for the purpose of concealing the origin of such articles and in such manner that any mark contemplated by this part would necessarily be obliterated, destroyed, or permanently concealed;) of this part, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country of origin of the article whether or not the article is marked to indicate its country of origin. As Tyco manufactures the cylinders after importation, the outermost packaging (e.g., boxes, pallets) for the cylinders must be marked with the country of origin, China. We note that marking the completed fire suppression devices as a product of the United States is a matter under the jurisdiction of the Federal Trade Commission (FTC).  Therefore, should you wish to mark the articles with the phrase “Made in the U.S.A.,” we recommend that you contact the FTC at: U.S. Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, 600 Pennsylvania Avenue N.W., Washington, D.C. 20580, or at the FTC’s website, http://www.ftc.gov. 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 Laurel Duvall at LAUREL.DUVALL@CBP.DHS.GOV. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division