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NY B80378

January 10, 1997

MAR-2 RR:NC:1:117 B80378


Mr. Roger M. Ludwig
AEI Customs Brokerage Services
560 Delaware Avenue
Buffalo, New York 14201


Dear Mr. Ludwig:

This is in response to your letter dated December 3, 1996 on behalf of Delhi-Solac Inc. requesting a ruling on the country of origin marking requirements for pipe, tube or pipe fittings of iron or steel. A marked sample was not submitted with your letter for review.

The products to be imported are round, square and rectangular steel tubes made to ASTM Specification A 513, the Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing and ASTM Specification A 787, the Standard Specification for Electric-Resistance-Welded Metallic-Coated Carbon Steel Mechanical Tubing. The tubes may be cold-rolled, hot-rolled or coated. Most of the tubing is zinc coated or aluminum-zinc alloy (Galvalume) coated. The round tubes range from 5/8" to 3" in outside diameter; the square tubes have dimensions which range from 1/2" x 1/2" to 2 1/2" x 2 1/2"; the rectangular tubes have dimensions which range from 1/2" x 1" to 1 1/2" x 2 1/2". You indicate that these tubes are presently marked with tags which state "Made in Canada". A tag is attached to each bundle of tubes imported into the United States. You ask whether this tagging system is an acceptable method of marking.

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.

19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to
indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.

19 U.S.C. 1304(c)(2), provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles. In T.D. 86-15, Customs determined that small diameter pipe is pipe having an inner diameter of 1.9 inches or less.

The proposed method marking of imported steel tubes, as described above, is an acceptable country of origin marking only for the small diameter tubes having inner diameters of 1.9 inches or less. The proposed method of marking does not satisfy the marking requirements of 19 U.S.C. 1304(c) and is not an acceptable country of origin marking for the larger size imported tubes. These larger size tubes must be marked by one of the above five prescribed methods. Noted: HQ Ruling 735278 dated July 13, 1994 issued in response to a country of origin marking ruling request on behalf of Delhi-Solac Inc.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paula Ilardi at 212-466-5476.


Robert B. Swierupski
Chief, Metals & Machinery Branch

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