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NY H89804

April 12, 2002

MAR-2 RR:NC:1:112 H89804


Mr. Patrick Gallagher
Gallagher Transport International, Inc.
P.O. Box 39005
Denver, CO 80239


Dear Mr. Gallagher:

This is in response to your letter dated March 13, 2002, on behalf of RMS Sales, Inc., requesting a ruling on the possible waiver of the country of origin marking requirements for imported electrical power cords. A sample was not submitted with your letter for review.

As indicated in your request, certain power cords are imported with a plug at one end and bare wires at the other end. These wires will be affixed to various types of power equipment after importation, thereby providing the means for plugging the equipment into an electrical outlet. Other power cords are imported with a plug at one end and a socket at the other and these are also used with power equipment.

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.

Accordingly, the electrical power cords are subject to the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, unless exempt based upon the marking waiver provisions included therein. Such waivers are within the purview of the Port Director at the port of entry. It is suggested you contact that office concerning your request.

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 David Curran at 646-733-3017.


Robert B. Swierupski

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