THE COUNTRY OF ORIGIN MARKING OF ALUMINUM EXTRUSIONS

N288225 August 14, 2017 MAR-2 OT:RR:NC:N1:117 CATEGORY: MARKING Mr. Richard G. Haselton Jose R. Bermudez, CHB Sirio St. #497 Suite 201-B San Juan, PR 00920 RE: THE COUNTRY OF ORIGIN MARKING OF ALUMINUM EXTRUSIONS Dear Mr. Haselton: This is in response to your letter dated July 12, 2017 on behalf of your client All Tools Inc. requesting a ruling on whether the proposed marking “Made in Malaysia” label on pallets or on the wrapping of a bundle of products is an acceptable country of origin marking for imported aluminum extrusions. A marked sample was not submitted with your letter for review. The subject products that are intended to be imported are aluminum extrusions from Malaysia. It is stated that the extrusions will be sold to a window manufacturer who will use the extrusions to manufacture windows and other consumer articles. The foreign supplier has stated that their company does not mark each extrusion. They place a label reading “Made in Malaysia” on the pallets holding the extrusions or on a wrapping around the extrusions. You have requested that since the articles as imported will not be sold at retail, but will be sold in bulk to manufacturers after importation, that a waiver of country of origin marking of each piece be granted. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. The intent is that the ultimate purchaser would be able to know by inspecting the marking on the imported goods the country of which the goods are the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. With regard to the permanency of a 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. A marking waiver can be granted if the ultimate consumer can know from the marking where the goods are produced. In this case, the importer of record is not the ultimate consumer and therefore the proposed marking is not acceptable. The importer of record is not processing the goods, but rather reselling them in the same condition as imported to manufacturers who will be the ultimate consumers. The proposed marking of imported aluminum extrusions, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported extrusions. 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 Mary Ellen Laker at mary.ellen.laker@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division