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NY K88405

August 23, 2004

MAR-2 RR:NC:1:117 K88405


Mr. Steve Tesanovich
Advance Corporation
24 Greenway Plaza, Suite 425
Houston, Texas 77046


Dear Mr. Tesanovich:

This is in response to your letter dated August 2, 2004 requesting a ruling on the country of origin marking requirements for pipe, tube or pipe fittings of iron or steel. A marked sample was not submitted with your letter for review.

The products under consideration are galvanized rigid ferrous metal conduit pipe (RIGID), intermediate ferrous metal conduit pipe (IMC) and electrical metallic conduit pipe (EMT). The RIGID and IMC pipe will be imported in sizes ranging from ½ inch through 6 inches in diameter and the EMT pipe will be imported in sizes ranging from ½ inch through 4 inches in diameter. You ask whether paint stenciling each pipe with the words “Made in Columbia” in a permanent and conspicuous manner would satisfy the marking requirements for the “larger” diameter pipe, that is, pipe of a diameter of 2 inches and greater. For the “small” diameter pipe, that is, pipe of a diameter of 1.900 inches and less, you ask whether tagging the bundle with the words “Made in Columbia” in a conspicuous manner would satisfy the marking requirements.

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.

19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling. 19 U.S.C. 1304(c)(2), provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles. T.D. 86-15 states that small diameter pipes are those having an I.D. of 1.9 inches or less.

The proposed methods of marking the imported galvanized conduit pipe, as described above, satisfy the marking requirements of 19 U.S.C. 1304(c) and are acceptable country of origin markings for the imported conduit pipe.

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 Paula Ilardi at 646-733-3020.


Robert B. Swierupski

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