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NY 896329

April 6, 1994

MAR-2-05:S:N:N3:115 896329


Mr. I.V. Elrich
Krupp VDM Gmbh
Zeilweg 42, D-60439

RE: Request for a binding ruling on an exemption of country of origin marking for certain "Adapter-Wells" from Italy.

Dear Mr. Elrich:

In your letter dated March 25, 1994, you requested a marking waiver on the country of origin for "Adapter Wells" from Italy.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

These items, which are forged from brass, will be further processed in the United States after importation. They are approximately 4 inches in length, partially threaded on both sides, with a hexagonal opening on one end. The threading facilitates the ability to screw it into other systems such as pipings and engines. This construction and method enables other devices such as gauges, temperature switches to be inserted or mounted. The section below the hexagon vanishes into the new system. The complete "Well" will eventually be covered and cannot be seen, thereby losing its identity in its final usage/stage. The ultimate purchaser is aware of the fact that the imported merchandise was shipped from Italy, packed in cases of 100 pieces with the container clearly marked made in Italy.

Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. Pursuant to the facts described above, and we note exception (h) to 134.32 - articles to which the ultimate purchaser is aware of the country of origin by reason of the circumstances of their importation or by reason of the character of the articles even though they are not marked --- In your particular instance, subsection (d) applies which provides for the exception to the marking requirements for articles for which the marking of the containers will reasonably indicate the origin of the articles. The waiver of the country of origin marking requirements requested is appropriate and granted.

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


Jean F. Maguire
Area Director

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