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NY H85945

February 5, 2002

MAR-2 RR:NC:1:102 H85945


Mr. Joseph Weido
Flow Products, Inc.
800 Koomey Road
Brookshire, Texas 77423-8803


Dear Mr. Weido:

This is in response to your letter dated January 3, 2002 requesting a ruling on behalf of Flow Products . The issue raised is whether country of origin marking is required on imported metal castings used in the manufacture of components that are in turn used in the assembly of valves and pumps. Descriptive information and illustrations were submitted for review.

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 USC 1304.

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. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if the manufacturer subjects the imported article to a process which results in a substantial transformation of the article. An article used in manufacture that results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. Pursuant 19 CFR 134.35, in such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked.

In your request you indicate that Flow Products imports metal castings used in the manufacture of components used in valves and pumps designed and assembled by Flow Products in the United States. Upon importation the castings are received by Flow Products and inventoried as raw materials, which are then machined , inspected and assembled into finished products. Further, you state that Flow Products never sells the imported castings in their imported condition. You are requesting that the foreign castings be excepted from individual marking because they are substantially transformed by machining and assembly operations performed by Flow Products, and that Flow Products is the ultimate purchaser of the imported articles.

Based on the information provided we find that the subject castings are substantially transformed into articles with a new name, character or use, when machined to produce finished components and used in the assembly of valves and pumps. Accordingly, Flow Products is the ultimate purchaser of the castings in question.

In accordance with 19 CFR 134.35, the subject castings, provided that they are used by Flow Products in the assembly of completed valves and pumps and not sold separately in their condition as imported, are excepted from individual marking. Only the outermost containers of the imported articles must be marked with country of origin.

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 646-733-3009.


Robert B. Swierupski

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