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NY H88001

March 7, 2002

MAR-2-84:RR:NC:1:102 H88001


Mr. Daniel E.Waltz
Patton Boggs LLP
2550 M Street, NW
Washington, DC 20037-1350

Dear Mr. Waltz:

This is in response to your letter dated February 5, 2002 requesting a ruling on behalf of your client Pacific Valves. The issue raised is whether country of origin marking is required on imported valve components used in the manufacture of a variety of different valves for corrosive fluids. 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 submission you indicate that Pacific Valves imports components used in the manufacture and assembly of valves that can be used with hydrofluoric acid. Upon importation the subject components are received by Pacific Valves, further manufactured and assembled,
together with components of U.S. origin, into complete valves, which are then detailed, painted and subjected to a final inspection. You are requesting that the foreign components be excepted from individual marking because they are substantially transformed by operations performed in the United States by Pacific Valves, and that Pacific Valves is the ultimate purchaser of the imported articles.

Based on the information provided we find that the subject valve components are substantially transformed into articles with a new name, character or use, when subjected to manufacturing, assembly, painting and testing to produce finished valves. Accordingly, Pacific Valves is the ultimate purchaser of the components in question.

In accordance with 19 CFR 134.35, the subject valve components, provided that they are used by Pacific Valves in the production of completed valves 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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