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NY L87348

October 7, 2005

MAR-2 RR:NC:N1:112 L87348


Donald S. Simpson
Senior Vice President,
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404


Dear Mr. Simpson:

This is in response to your letter, dated September 6, 2005, requesting a ruling on whether imported Conduit Boxes, End Plates, Stator Frames and Fan Housings are required to be individually marked with the country of origin if they are later to be processed in the U.S. by a U.S. manufacturer.

The items concerned (listed below) are metal castings which are imported by Southland Metals, Inc. and exclusively sold to Baldor Electric Company which machines the items and assembles them, as components, into motor and gear boxes. We are in receipt of an affidavit from Baldor Electric Company which acknowledges that Baldor is aware that these items are imported from their country of origin, Brazil:


Conduit Box (Part #s - 09CB1002, 12CB1001, 12CB1501)

End Plate (Part #s – 09EP1100C, 09EP1300, 05EP1701, 05EP1702, 10EP1104, 10EP1105, 10EP1106B, 10EP1108, 10EP1305, 12EP1105, 12EP1106, 12EP1107, 12EP1100, 12EP1110, 12EP1110A01, 14EP1102, 14EP1703, 16EP1102, 16EP1703, 18EP1200, 18EP1201, 37EP1101, 36EP1300, 37EP1300)

Stator Frame (Part #s – 05SF1701, 09SF1113B, 09SF1116B, 09SF1117, 09SF1117B, 09SF1119, 10SF1117, 10SF1118, 12SF1111, 12SF1111A01, 14SF1105, 14SF1105B, 14SF110816SF1104, 16SF1705, 18SF1106, 18SF1111, 18SF1200, 09SF1118, 05SF1700)

Fan Housing (Part #s – 09FH1004, 06FH1003, 06FH1004, 07FH1003, 10FH1007, 10FH1008, 12FH1001, 12FH1002, 14FH1002, 14FH1002A, 16FH1002, 35FH1000, 110X0001, G0FH1806, G2FH1805)

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 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 he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which 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. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35.

In this case, the imported Conduit Boxes, End Plates, Stator Frames and Fan Housings are substantially transformed as a result of the U.S. processing, and therefore the U.S. manufacturer is the ultimate purchaser; under 19 CFR 134.35, only the containers which reach the ultimate purchaser are required to be marked with the country of origin, Brazil.

This ruling is being issued under the provisions of Parts 134 and 177 of the Customs Regulations (19 CFR Parts 134,177).

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 Richard Laman at 646-733-3017.


Robert B. Swierupski

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