MAR-2 RR:NC:1:118 R03294
Mr. Francisco Ramirez, Jr.
Automated Customs Experts Group
9361 Customhouse Plaza, Suite A
San Diego, CA 92154
RE: THE COUNTRY OF ORIGIN MARKING OF PLUMBING SUPPLIES BOLT
AND GASKET KIT PACKAGED IN MEXICO; ARTICLE 509; 9801.00.1097,
Harmonized Tariff Schedule of the United States (HTSUS); 9801.00.2000,
HTSUS
Dear Mr. Ramirez:
This is in response to your letter, dated February 15, 2006, on behalf of your client, Fluidmaster, Inc., San Juan Capistrano, CA, requesting a country of origin marking ruling for a bolt and gasket tank kit with components from the United States (US) and China that will be sorted and packed in Mexico. A marked sample was not submitted with your letter for review.
Model 6102 is a blister pack containing 1 sponge rubber gasket (made in China), 2 brass bolts measuring 5/16” x 3” (US), 4 flat brass washers (China), 4 flat rubber washers (US), 2 hex nuts (US), and 2 wing nuts (China).
The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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 USC 1304.
The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.
Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish.” Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.
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.
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.
The item must be marked to show the country of origin of the merchandise that has been manufactured in China (1 sponge rubber gasket, 4 flat brass washers, and 2 wing nuts).
In your correspondence you addressed the applicability of subheading 9801.00.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for duty free treatment for articles, previously imported, with respect to which the duty was paid upon such previous importation or which were previously free of duty pursuant to the Caribbean Basin Economic Recovery Act or Title V of the Trade Act of 1974, if (1) reimported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, after having been exported under lease or similar use agreements, and (2) reimported by or for the account of the person who imported it into, and exported it from, the United States. Subheading 9801.00.2000, HTSUS, does not apply to your product because the merchandise is not reimported by or for the account of the person who imported it into the United States.
The 2 brass bolts, 4 flat rubber washers, and 2 hex nuts, of US origin, will be eligible for entry as American Goods Returned, provided that the documentary requirements of 19 CFR 10.1 are satisfied. The applicable subheading for the 2 brass bolts, 4 flat rubber washers, and 2 hex nuts will be 9801.00.1097, HTSUS, which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad: other: other. Products in subheading 9801.00.1097 are free of duty.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).
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 646-733-3021.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division