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NY 807213

February 28, 1995

MAR-2-95:S:N:N8:224 807213


Gordon C. Anderson
Meyer Customs Brokers
8100 Mitchell Rd., Suite 200
Eden Prairie, MN 55344


Dear Mr. Anderson:

This is in response to your letter dated February 13, 1995, on behalf of your client, Berkley, Inc., requesting a ruling regarding the country of origin marking of imported components used in the assembly of fishing rods. A sample unassembled fishing rod was submitted for review. The sample will be returned at your request.

Two scenarios have been presented: Berkley will import two piece fishing rod components manufactured in China and handle component pieces manufactured in Taiwan separately into the U.S.; two piece rod components and handle component pieces manufactured in China will be imported together by Berkley.

Subsequent to importation, Berkley will perform graphic stenciling work on the rod blanks and will assemble the imported components into completed ready to use fishing rods.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 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 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the imported unassembled fishing rod is the consumer who purchases the assembled product at retail.

Based upon the particular circumstances related to your suggested scenarios, we are of the opinion that your client may import the various components used in the assembly of the fishing rods without country of origin marking provided:

1. the containers or master cartons in which such components are imported are marked to indicate the country of origin of their contents

2. Your client certifies to Customs at the time of entry that the finished fishing rod will be marked to indicate the country of origin of the foreign components used therein. For purposes of this requirement, the components of the fishing rod include the two piece rod and the rod handle pieces. A single, centrally-located, country of origin marking on the finished article that denotes the actual countries of origin of the foreign components of the fishing rod but does not specify with particularity which component comes from which country is acceptable. The fact that the rods are assembled in the U.S. may also be included. For example, the finished fishing rods could be marked, "Assembled in U.S. from components manufactured in Taiwan and China." Alternatively, "Components Made in China", or "Components Made in Taiwan and China" are acceptable markings.

3. Customs officials at the port of entry are satisfied that the imported fishing rod components will be used by Berkley only in the assembly of fishing rods and will not otherwise be sold and that Berkley is marking the completed rods as set forth above.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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