United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G81815 - NY G81869 > NY G81830

Previous Ruling Next Ruling
NY G81830

October 5, 2000

MAR-2 RR:NC:1:102 G81830


Steven B. Zisser
Law Offices of Steven B. Zisser
2155 Paseo De Las Americas (Suite 34)
San Diego, CA 92173

RE: The country of origin marking of precision steel balls from Mexico

Dear Mr. Zisser:

This is in response to your letter dated August 22, 2000 requesting a ruling on behalf of your client Thomson Precision Ball Company. In your request you inquire whether certain steel balls to be produced in Mexico are excepted from country of origin marking requirements. Samples were submitted with your letter for review.

The articles in question are precision steel balls greater than 5/8 inch and up to 1 inch in diameter for use in applications requiring a precise spherical form without surface imperfections. You indicate that to obtain the desired surface quality the steel balls are subject to extensive grinding and polishing operations and that the results achieved would be irreversibly affected by any method to apply a country of origin marking to each and every ball produced. You further indicate that the steel balls will be packed and shipped in inner and outer containers, both of which will be clearly and legibly marked “Made in Mexico”.

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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S, is able to find the marking easily and read it without strain. 19 C.F.R. §134.32(a) provides an exception to marking an article, if that article is incapable of being marked.

Based on the your representations, we find that due to the single continuous surface presented by the geometry of the steel balls and the requirements imposed on the finish of that surface by the applications for which the subject articles are intended, the individual steel balls are incapable of being marked. Accordingly under 19 C.F.R. §134.32(a), the steel balls are excepted from country of origin marking. However, 19 C.F.R. §134.22 provides that when an article is excepted from the marking requirements, the outermost container or holder in which the article ordinarily reaches the ultimate purchaser shall be marked to indicate the country origin of the article.

The proposed marking of the inner and outer containers for the imported steel balls with the country of origin will satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Although you indicate that the steel balls will reach the ultimate purchaser in their original packaging in virtually all cases, presumably there may be instances when the balls will be taken out of the original containers and repacked prior to reaching the ultimate purchaser. In such instances, the certification requirements set forth in 19 C.F.R. §134.25 will apply.

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 Kenneth T. Brock at 212-637-7026.


Robert B. Swierupski

Previous Ruling Next Ruling