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NY 854372

AUG 14 1990

MAR-2-84:S:N:N1:104 854372


Mr. Thomas R. Trempus
Kennametal Inc.
P.O. Box 231
Latrobe, PA 15650

RE: The country of origin marking of a locknut assembly from India.

Dear Mr. Trempus:

In your letter dated July 3, 1990, you requested a ruling on the country of origin marking requirements on a locknut assembly.

The metal locknut assembly consists of a locknut, a nosering and a spring clip. The assembly is part of a collet chuck system which is normally used for the retention of a metal working machine, i.e. a drill. The nosering is a circular, washer-like member with a beveled, inside diameter. The nosering is seated inside of the locknut. The spring clip is a small, spring wire member seated in a circumferentially disposed groove in the locknut. It prevents the nosering from falling out of the locknut.

With respect to proper country of origin marking, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin, with certain exceptions, imported into the U.S. shall be marked in a legible, permanent and conspicuous manner so as to indicate the English name of the country of origin to the ultimate purchaser. 19 U.S.C. 1304 (a)(3)(D) authorizes an exception from individual marking if the marking of the container in which the article is imported will reasonably indicate the country of origin to the ultimate purchaser. Section 134.35 of the Customs Regulations provides that the manufacturer or processor in the United States who converts or combines the imported article into a different article will be considered the ultimate purchaser.

The imported article, i.e. the locknut assembly, is being substantially changed by your firm since, by virtue of its use as a material in a manufacturing process, a new and different article, i.e. a collet chuck system, is produced. As the manufacturer of these collet chuck assemblies, your firm is considered the ultimate purchaser of the locknut assemblies. Accordingly, the country of origin marking requirements will be satisfied if the containers in which the locknut assemblies are imported are marked "Made in India". Noting 19 U.S.C. 1304 (a)(3)(D), the assemblies will be exempted from individual marking provided they are not sold, distributed or used in their imported condition other than in the manufacturing process described above.

Enclosed for your reference is a copy of Customs Publication No. 539, "Marking of Country of Origin on U.S. Imports".

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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