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NY C86883

June 3, 1998

MAR-2-05:RR:NC:1:115 C86883


Mr. Ian Parkhill
Wera Tools Inc.
7-710 South Service Rd.
Stony Creek, Ontario
Canada L8E 5S

RE: The country of origin marking requirements for screwdriver bits.

Dear Mr. Parkhill:

In your letter dated May 1, 1998 you requested a country of origin marking ruling.

The screw diver bits are manufactured in Germany and the Czech Republic and are 1 inch in overall length with a 1/4 inch hexagon shape cross section.

In your inquiry you propose marking such as D (recognized as Deutschland) G (recognized as Germany) CZ (recognized as Czechia) and CR (recognized as Czech Republic).

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 a manner as to indicate the country of origin to the ultimate purchaser in the United States. However in Treasury Decision 84-155 the marking of bits was addressed. It was determined that bits less than 3/16 inch in diameter were deemed incapable of being marked and exempt from the country of origin marking requirements. The screwdriver bits submitted with your letter measure 1/8 inch in diameter which entitles them to the waiver. As such, this office would grant you the waiver of marking. Please note that you shall be subject to the certification requirements of Customs Regulation 134.25 which are as follows:
"Customs Regulation 134.25 pertains to articles incapable of being marked. Paragraph (a) if an article subject to the requirements is intended to be repacked in new containers for sale to an ultimate purchaser after its release from Customs custody, or if the Port Director having custody of the article, has reason to believe such article will be repacked after its release, the importer shall certify to the Port Director that: (1) if the importer does the repacking, the container shall be marked to indicate the country of the article in accordance with the requirements of this Part: or (2) if the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing at the time of sale or transfer, that any repacking of the article must conform to these requirements. The importer, or his authorized agent, shall sign a certificate of marking and file it at the time of entry summary."
Please note your proposed marking D, G, CZ and CR are not accepted abbreviations for Germany and the Czech Republic. Accepted abbreviations are FR Germ for Germany and Czech for the Czech Republic.

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 Melvyn Birnbaum at 212-466-5487.

Robert B. Swierupski
National Commodity
Specialist Division

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