HQ 732063
January 19,1989
MAR-2-05 CO:R:C:V 732063 jd
Scott Wilson, Esq.
Maupin Taylor Ellis & Adams, P.C.
2100 M Street, N.W.
Washington, D.C. 20037-1207
RE: Country of origin marking requirements applicable to
transmission gears and parts
Dear Mr. Wilson:
This is in reply to your letters of September 26 and December
12, 1988, concerning the country of origin marking requirements
applicable to certain transmission gears and parts. In
particular, your client is seeking an exception to the
requirement of individual marking of such articles.
FACTS:
According to your submission, your client imports
transmission gears and other transmission and differential parts
from various countries such as Korea and Spain. All parts are
shipped individually boxed in brown or white cardboard boxes.
Within the box, each piece is coated with petroleum jelly or oil
to prevent deterioration during shipment and wrapped in plastic
or wrapping paper.
Your client sells most of the imported parts directly to
rebuilders of truck transmissions. Some are sold to distributors
who in turn resell to rebuilders. You state that the parts are
intended to be resold in the boxes as shipped and only in the
event of substantial damage to the box is a part repackaged.
We examined two sample boxes. Both boxes were sealed with
fairly substantial packing tape. One box contained a small gear
enclosed in a sealed plastic bag. The other contained a large
gear heavily coated in petroleum jelly and wrapped in brown
paper. The words "MADE IN KOREA" were stamped several times on
each box and each box also carried a small paper sticker with a
part number and part name.
ISSUE:
Can certain transmission gears and other transmission and
differential parts imported in sealed cardboard boxes that have
been stamped with the country of origin of the part therein be
excepted from individual country of origin marking?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that every article of foreign origin (or its
container) imported into 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 in the United
States the English name of the country of origin of the article.
Section 134.32, Customs Regulations (19 CFR 134.32), provides
a list of articles that may be excepted from the requirement of
individual marking. Paragraph (d) excepts articles from
individual marking if "the marking of the containers will
reasonably indicate the origin of the articles."
HOLDING:
It is the opinion of this office that the transmission gears
and other transmission and differential parts imported by your
client are imported in containers that will reasonably indicate
to ultimate purchasers in the U.S. the country of origin of the
various parts. Accordingly, the parts are excepted from the
requirement that they be individually marked. The stamp that is
used to indicate country of origin on the box must be applied to
the same panel as the paper sticker carrying the part name and
number. We consider this analogous to certain situations
requiring the country of origin of shoes to be displayed in close
proximity to the size label. Ultimate purchasers are virtually
certain to examine the boxes for an identifying part number or
name and this makes it extremely likely they will also see the
country of origin information.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch