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NY 897992

May 23, 1994

MAR-2-05:S:N:N3:115 897992


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 or Belgium.

Dear Mr. Elrich:

In a letter dated May 10, 1994, you requested a marking waiver on the country of origin for "Adapter Wells" from Italy or Belgium. Furthermore, you previously requested a marking waiver on the country of origin for "Adapter Wells" from Italy, that was issued to you on April 6, 1994, in NY Ruling 896329, which you have cited in this request. The only physical difference in the products are the dimensions of the "Adapter Wells".

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 7 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 or Belgium, as the appropriate case may be, packed in cases with the container clearly marked made in Italy or made in Belgium.

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.

For your information, it is not required of you or your company to apply for a marking waiver on each intended shipment of "Adapter Wells". If the products are similar in construction, use and the circumstances involving the loss of its identity when they are actually in use are evident, Section 134.32 of the Customs Regulations exception (h) applies.

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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