MAR-2-05 CO:R:C:V 731335 jd
Mr. Marcel Claude Raymond
Vice President - Finance
MONTCO Ltee
8140 rue Bombardier
Ville d'Anjou (Quebec)
H1J 1A4
RE: Country of origin marking requirements for concrete
interlocking pavestones
Dear Mr. Raymond:
This is in response to your letter of March 23, 1988,
requesting a ruling on the country of origin marking requirements
applicable to concrete interlocking pavestones.
FACTS:
According to your submission, you manufacture concrete
interlocking pavestones in Canada and you expect to export these
pavestones to the U.S. for wholesale distribution. The
pavestones are strapped into sections with steel bands stamped
"Made in Canada" and five sections are strapped into cubes and
shipped on skids. The pavestones will be sold by your
distributors to final users in strapped sections.
Your are aware of Legal Determination 3541-19 concerning
the country of origin marking of pavestones and ask if that LD,
which approved the marking of the metal straps around sections,
is still in force.
ISSUES:
May steel bands used to secure concrete interlocking
pavestones be considered a container for purposes of country of
origin marking regulations?
Is it acceptable to mark the pavestones' containers rather
than each individual pavestone with the country of origin?
LAW AND ANALYSIS:
With regard to the first issue, { 304 of the Tariff Act of
1930, as amended (19 U.S.C. 1304) requires that, unless excepted,
every article of foreign origin (or its container) imported into
- 2 -
the United States shall be marked in a conspicuous place as
legibly, indelibly and permanently as the nature of the article
(or container) will permit in such a manner as to indicate to the
ultimate purchaser the English name of the country of origin of
the article.
As you are aware, Customs has previously ruled that metal
strapping used to secure pavestones would be considered a
container for purposes of complying with the marking regulations
(709337 JB, October 23, 1978 [published as C.S.D. 79-205];
700935, December 5, 1972). Those rulings are still in effect and
we take this opportunity to reiterate that metal straps used to
secure sections of concrete interlocking pavestones may be
considered a container under the marking laws and regulations.
Once it has been determined that the metal straps are
considered containers, we turn to the second issue - may the
containers be marked to indicate country of origin rather than
individual marking on each pavestone. Section 134.32(d), Customs
Regulations (19 CFR 134.32(d)), provides that articles for which
the marking of the containers will reasonably indicate the origin
of the articles are exempt from the requirement of individual
country of origin marking. Accordingly, the pavestones may be
excepted from individual country of origin marking provided the
metal straps binding each section are legibly and conspicuously
marked to indicate the country of origin and Customs officers at
ports of entry are satisfied the pavestones will reach ultimate
purchasers in the U.S. in bound sections.
HOLDING:
In view of the above considerations, the metal straps
around sections of concrete interlocking pavestones are
considered containers for country of origin marking purposes.
The pavestones are exempt from individual marking provided the
marking on the straps around sections is legible, indelible,
permanent and conspicuous and remains visible after the sections
are bound into cubes.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
1cc: CO:R:C:V:JDOYLE:LDC:7/26/88
Mr. Marcel Claude Raymond
Vice President - Finance
MONTCO Ltee
8140 rue Bombardier
Ville d'anjou (Quebec)
H1J 1A4