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NY C80792

October 28, 1997

MAR-2-05:RR:NC:1:115 C80792


Mr. Raymond H. Jenkins
Spirax Sarco Inc.
P.O. Box 119
Allentown, PA 18105

RE: The country of origin marking requirements for steel pipe strainer castings from Mexico.

Dear Mr. Jenkins:

In your letter dated October 9, 1997, you requested a ruling on the country of origin marking requirements for steel pipe strainer castings.

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.

The subject items are described as 10"-12" steel pipe strainer castings. They weigh between 300 and 400 pounds. In the United States, the following manufacturing or assembly steps will be performed:

1) Machine both ends to either an ANSI 150 or an ANSI 300 standard. 2) Assemble a screen, gasket, and bushing to the strainer. 3) Steam test the strainer and check it for leaks and porosity. 4) Paint the strainer by coating the material with a powder and then heating the material to cure the powder into a paint.

The machining described in step 1 is performed on a 48" vertical turning lathe (VTL). This part will have three setups and three machining operations on the VTL. Additionally, there are drilling and tapping operations performed on the equipment.

Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. In your particular instance, subsections (d) and (g) apply which provide for the exception to the marking requirements for articles --- (d) for which the marking of the containers will reasonably indicate the origin of the articles and (g) which will be processed in the United States by the importer or for his account otherwise than for the purpose of concealing the origin of such articles and in such a manner that any mark contemplated by this part would necessarily be obliterated, destroyed, or permanently concealed.

Based upon the procedures performed in the United States, the country of origin marking requirement on the item itself can be waived. The outer container should clearly be marked "made in Mexico", or "product of Mexico".

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 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 Melvyn Birnbaum at 212-466-5487.


Robert B. Swierupski

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