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NY 807411

March 7, 1995

MAR-2-84:S:N:N1:106 807411


Mr. Lee D. Collins
Wacker Corporation
N92 W 15000 Anthony Avenue
Menomonee Falls, WI 53052-9007


Dear Collins:

This is in response to your letter dated February 23, 1995 requesting a ruling on the marking requirements for replacement parts for various machines used in the construction industry.

In a telephone conversation with National Import Specialist Patrick Wholey, it was learned that the parts themselves are not marked with the country of origin nor are the immediate containers. You indicated that in the ordinary course of business these parts are imported in bulk and are later repacked for shipment to your network of dealers and distributors, who in turn use them as replacement parts in repair operations for their customers. You stated that, with a few minor exceptions, these dealers and distributors are not owned by your firm. You discussed several marking concerns with Mr. Wholey. This letter represents our position in this matter.

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 replacement parts is the network of dealers and distributors who purchase the product from your stock.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. However, since the replacement parts are not imported in a marked retail container, that is, in the container or package which reaches your dealer network, the decision of whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the district director to render. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized at the discretion of the district director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) the containers in which the articles are repacked will indicate the origin of the articles to the ultimate purchaser in the U.S.; and (2) the importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures verification of this marking procedure by certification to the appropriate Customs Officer and the submission of a sample or otherwise to that officer.

In this case, assuming that the district director is satisfied that the imported replacement parts will be repacked in the manner described above, and that any other appropriate conditions set forth in 19 CFR Part 134 are met, the district director may authorize an exception under 19 CFR 134.32(d), in which case the marking of the imported replacement parts themselves will not be required.

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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