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NY I88218

November 27, 2002

MAR-2 RR:NC:1:102 I88218


Mr. Edward O. Patton
Mansour, Gavin, Gerlack & Manos Co.
55 Public Square
Suite 2150
Cleveland, Ohio 44113-1994


Dear Mr. Patton:

This is in response to your letter dated October 31, 2002 requesting a ruling on behalf of your client Swagelock. The issue raised in your request is whether country of origin marking is required on imported valve components for use in the manufacture of specialty valves. Descriptive information was submitted.

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 Swagelock imports valve components, which include flanges, bodies, and stems. The components are then further processed and assembled by Swagelock into complete valves. You request that the foreign components be excepted from individual marking because they are substantially transformed by assembly operations performed by Swagelock , and that Swagelock is the ultimate purchaser of the imported parts.

Based on the information provided we find that the subject components are substantially transformed into articles with a new name, character or use, when incorporated with other components to produce finished valves. Further, you indicate that the imported components are always used in the assembly of complete valves and never sold to as components to customers. Accordingly, Swagelock is the ultimate purchaser of the valve parts in question.

In accordance with 19 CFR 134.35, the subject valve components, provided that they are used by Swagelock in the assembly of completed valves and not sold separately in their condition as imported, are excepted from individual marking and 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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