MAR-2 RR:NC:1:118 I83760
Mr. Brian F. Walsh
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, IL 60601
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED LEAF SPRING ASSEMBLIES.
Dear Mr. Walsh:
This is in response to your letter dated June 18, 2002, on behalf of Freightliner Custom Chassis (Freightliner), requesting a ruling on whether the proposed method of marking the container in which the leaf spring assemblies will be imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported leaf spring assemblies. A marked sample container was not submitted with your letter for review. In addition, you requested a classification ruling of the leaf spring assemblies imported with their fittings for assembly.
You have described your merchandise as steel leaf spring assemblies used for vehicle suspensions. They will be imported from Germany along with an engine and transmission assembly, a front axle assembly, a rear axle with rear shock absorbers attached, a drive shaft assembly, a muffler assembly, a brake and a fuel assembly. The subject of this ruling is the marking requirements and classification of the leaf spring assembly in its imported condition when imported with these other items. The shipment will consist of leaf springs that are used in motor vehicles having a G.V.W. not exceeding four metric tons as well as motor vehicles having a G.V.W. exceeding four metric tons. The leaf spring assemblies will be imported with the necessary hardware used for mounting these leaf spring assemblies. The thickness of the leaf springs that are used in motor vehicles having a G.V.W. exceeding four metric tons will be 1.6 mm. Freightliner will be combining all of these assemblies with bodies and several other articles (e.g. the wheels) to form a functional motor vehicle here in the United States. You have stated that these assemblies are not intended for sale at the retail level.
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.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case you have stated that the ultimate purchaser of the leaf spring assemblies is Freightliner, the manufacturer or processor who will make a new and different article.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the leaf spring assemblies by viewing the container in which it is packaged, the individual leaf spring assemblies would be excepted from marking under this provision.
Leaf spring assemblies which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the leaf springs assemblies are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported leaf spring assemblies provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
Each item within this shipment would be classified separately. However, in the case of the leaf spring assemblies, the fittings used with the leaf spring for assembly or other attachment are classified within the same subheading with the leaf spring assembly. The applicable subheading for the leaf spring assembly (equipped with its fittings for assembly or other attachment) if used in motor vehicles having a G.V.W. not exceeding 4 metric tons will be 7320.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Springs and leaves for springs, of iron or steel: Leaf springs and leaves therefor: Suitable for motor vehicle suspension: To be used in motor vehicles having a G.V.W. not exceeding 4 metric tons. The rate of duty will be 3.2%. The applicable subheading for the leaf spring assembly having individual leaves with a thickness of 1.6 mm that is used in motor vehicles having a G.V.W. exceeding 4 metric tons and is equipped with its fittings for assembly or other attachment will be 7320.10.6015, HTS, which provides for Springs and leaves for springs, of iron or steel: Leaf springs and leaves therefor: Other: Leaf springs having individual leaves with a thickness of 1.6 mm or more and leaves therefor. The rate of duty will be 3.2%.
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 Kathy Campanelli at 646-733-5021.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division