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NY 896569

April 19, 1994

MAR-2-05:S:N:N3:115 896569


Mr. John Lloyd
OMNI Manufacturing Co., Inc.
12961 Sunnyside Place
Santa Fe Springs, CA 90670

RE: The waiver of the country of origin marking requirements for screwdriver bits from Taiwan.

Dear Mr. Lloyd:

In your letter dated February 15, 1994, and received by this office on April 6, 1994, you requested a country of origin marking waiver for threaded screwdriver bits from Taiwan.

The screwdriver bits will be assembled and repackaged at your Omni plant in California. These bits will become part of a kit that will also include a drill, a 6" extension rod, a threaded chucking spud, and 6 threaded screwdriver bits.

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.

All of the imported bits are less than 3/16" in diameter. In Treasury Decision 84-155, all drill bits under 3/16" in diameter were deemed incapable of being marked and exempt from the country of origin marking requirements. As such, this office would grant you the waiver of marking. However, you shall be subject to the certification requirements of Customs Regulation 134.25 which are as follows:

Customs Regulation 134.25 pertains to containers or holders for repacked J-List articles and articles incapable of being marked. In your situation, paragraph (a) of this regulation applies.

(a) Certification requirements. If an article subject to these requirements is intended to be repacked in new containers for sale to an ultimate purchaser after its release from Customs custody, or if the district director having custody of the article, has reason to believe such article will be repacked after its release, the importer shall certify to the district director that: (1) If the importer does the repacking, the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this Part: or (2) if the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements. The importer, or his authorized agent, shall sign a certificate of marking and file it at the time of entry summary.

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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