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NY J88217

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September 9, 2003

MAR-2 RR:NC:N1:113 J88217

CATEGORY: MARKING

Mr. Raj Dev
General Foundries Inc.
1160 State Street
Perth Amboy, NJ 08861

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED Manhole covers and construction castings

Dear Mr. Dev:

This is in response to your letter dated August 21, 2003 requesting a ruling on the marking requirements of imported manhole covers and construction castings, which are marked with a U.S. reference at the time of importation. A marked sample was not submitted with your letter for review.

The merchandise includes manhole rings, and covers, frames and grates, valve boxes, etc. They will be made in India, and will have the name of a US locality on them.

In general, 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. The term "ultimate purchaser" is defined in section 134.1(d), Customs Regulations (19 C.F.R. §134.1(d)), as generally the last person in the U.S. who will receive the article in the form in which it was imported. If the other castings are purchased by and for the use of a municipality or other local government agency, such municipality or agency would be the last person in the U.S. to receive them in the form in which they were imported and the ultimate purchaser of these items for the purposes of 19 U.S.C. 1304.

Some of your items are subject to special marking requirements. In particular, 19 USC 1304(e) reads:

Marking of certain manhole rings or frames, covers, and assemblies thereof

No exception may be made under subsection (a)(3) of this section with respect to manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or an equally permanent method of marking.

The special requirements of 19 CFR 1304(e) are limited to the enumerated articles, and do not include castings other than manhole rings or frames, covers and assemblies. Therefore, other castings such as grates and valve boxes are not included. These other castings are subject to the general marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134.

However, you provide no circumstances of sale for the other castings. We cannot issue a ruling on general classes of merchandise. Your request should include the specific item, who imports it, to whom it is sold after importation, and how you intend to mark it. Alternatively, when you know the details, you may request advice on proper marking from the local port.

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.

Sincerely,

Robert B. Swierupski
Director,

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