MAR 2-10 RR:TC:SM 559759 KBR
Robert T. Givens
Givens And Associates
950 Echo Lane, Suite 360
Houston, TX 77024-2788
RE: Marking of Steel Angles, NAFTA
Dear Mr. Givens:
This is in response to a request by Ricardo Gonzalez dated
March 25, 1996, and subsequent letters from your firm, dated June
28, 1996, January 6, 1997, January 31, 1997, March 10, 1997, and
May 30, 1997, on behalf of your client Sigosa Steel Company,
concerning the country of origin marking of steel angles imported
from Mexico to be sold for further processing in the U.S. You
submitted a sample of a steel angle for our review. A meeting
was held on this case on June 16, 1997.
FACTS:
You state that Sigosa Steel Company ("Sigosa") intends to
import steel angles which are produced in Mexico. At an
automated rolling mill, flat steel bars of 20 or 40 feet are hot
rolled and bent along the entire length at a right angle to
create the steel angle. While still hot, the steel angles are
automatically stacked. You state that the angles cannot be
stamped with a marking without affecting the use of the angle.
You also state that prior to their being stacked, the steel
angles are too hot to handle individually or to place any marking
on them. After stacking, the steel angles are bound into
bundles. You wish to place the country of origin marking on the
bundles of steel angles. The steel angles are then imported into
the U.S. In the U.S., Sigosa states that they sell the steel
angles only by the bundle. However, subsequent vendees may
resell the steel angles individually, or may cut the angle to a
smaller length and sell the smaller steel angles in groups or
individually. The steel angles are a general metal article used
as a part in many varied building purposes and various products.
These include rails in bed frames, building joists, frames for
signs, bracing for filling station islands, barbecue grill
supports, and many other uses.
ISSUE:
May the steel angles be marked with the country of origin by
the bundle?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that unless excepted, every article of foreign
origin 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. Congressional intent in
enacting 19 U.S.C. 1304 was "that the ultimate purchaser should
be able to know by an inspection of the marking on the imported
goods the country of which the goods is 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." United States v. Friedlander & Co., 27
C.C.P.A. 297 at 302; C.A.D. 104 (1940). Part 134, Customs
Regulations (19 CFR Part 134), implements the country of origin
marking requirements and the exceptions of 19 U.S.C. 1304.
Section 134.32(d), provides that an article may be excepted
from individual country of origin marking if the marking of its
container will reasonably indicate its origin. In this case the
steel angles are packed into bundles. Therefore, either each
steel angle or the bundle of steel angles must be marked with its
country of origin, Mexico. In this case, Sigosa wishes to only
mark each bundle with the country of origin. We find that
marking only the bundle with the country of origin will satisfy
the country of origin marking requirements, provided that the
steel angles reach the ultimate purchaser in the U.S. in the
appropriately marked bundle. In those situations in which the
bundles are broken down by a subsequent vendor into smaller
bundles or individual pieces prior to being sold to the ultimate
purchaser, the repackaging certification requirements of 19 CFR
134.26 must be satisfied.
HOLDING:
Based on the information submitted and provided that the
steel angles reach the ultimate purchaser in the U.S. in the
bundle, only the bundles of steel angles need be marked with the
country of origin. Where the bundles are broken down by
subsequent vendors prior to sale to the ultimate purchaser, the
certification requirements of 134.26 must be satisfied.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division