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NY K80494

November 21, 2003

MAR-2 RR:NC:N1:105 K80494


Mr. Rayburn Berry
Givens & Johnston, PLLC
L950 Echo Lane, Suite 360
Houston, Texas 77024-2788


Dear Mr. Berry:

This is in response to your letters, dated November 4 and 10, 2003, requesting a ruling on whether the proposed method of marking the individual container in which the pressure gauge is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported gauge. A sample in an individual, light cardboard container was submitted with your letter for review. You propose to mark the cardboard containers, Made in China or Made in Brazil, as appropriate.

The gauges will be sold in cartons containing multiple units to original equipment manufacturers, OEMs, who will normally incorporate them into large machines as one element. We agree that they will be the “ultimate purchasers” in those situations.

Those OEMs may occasionally re-sell some that they do not use themselves to others, for example, as replacement parts. However, even if they sell less than a carton, it is very unlikely, failing evidence to the contrary, that, before those re-sales, they would remove the gauges from the individual containers, which protect the face of the gauge and has imprinted information and specifications.

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 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser is generally the last person in the U.S. who will receive the article in the form in which it was imported.

Pressure gauges which are imported in containers that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the individual containers in which each pressure gauge is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for them provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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