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NY I84141

July 19, 2002

MAR-2 RR:NC:N1:113 I84141


Mr. Quinn Lee
US -- China Trade International, LLC
7326 Harvest Hill Road
Madison, WI 53717


Dear Mr. Quinn:

This is in response to your letter dated June 21, 2002, requesting a ruling on acceptable country of origin marking for imported motors. A marked sample was not submitted with your letter for review. Your letter contains no specific information on the articles you intend to import. You also ask about special requirements for gearboxes.

Your letter requests information on the following questions:

1. Are there any specifications for the mark of origin?

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

We recommend that you contact your local Customs port for specific information on acceptable marking.

2. Do the motors need to be LU certified?

We assume that you are referring to UL (United Laboratories). For information on UL certification, we recommend that you contact that company directly.

3. Are there any other federal agencies that regulate the importation or sale of motors or gearboxes?

You may research such information on the government website (www.firstgov.gov).

4. Besides the country-of-origin mark, what other information should be on the motors or the packages?

For Customs purposes, there are no special requirements for motors, nor are there for gearboxes. If you wish a ruling on the classification of gearboxes, your request should include specific information on the items to be imported. When this information is available, you may wish to consider resubmission of 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 James Smyth at 646-733-3018.


Robert B. Swierupski

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