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NY R02452

September 12, 2005

MAR-2 RR:NC:N1:106 R02452


Mr. Clive Prew
Stromberg Carburetor Ltd
Unit 2, Seven Acres
Newbourne Road, Waldringfield
Woodbridge, Suffolk IP12 4PS


Dear Prew:

This is in response to your letter dated August 19, 2005 requesting a ruling on whether the proposed method of marking the container in which the replica carburetor is imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported article. A photograph of a marked sample container was submitted with your letter.

The issue at hand concerns the country of origin marking of a re-issue, replica passenger car carburetor from Stromberg Carburetor Ltd and made in England. The original Stromberg carburetor was first manufactured in the USA by Stromberg Carburetor from 1935 to the mid-1950s. Because of demand by the US restoration and hot-rod market, it is now being re-issued as an exact replica of the original design. It is a fully functional product and will be used in vehicle restoration projects. Markings on the restoration carburetor will indicate size, model, casting numbers, patent numbers and the words “Stromberg Carburetor, South Bend, USA”. This marking is said to contribute to the authenticity of the product and is not intended to mislead the buyer as to its country of origin. You state that to mark the product with the words “Made in England” would destroy the concept of the replica carburetor and its credibility with the target market. You propose to package the replica carburetor in a box with wording that states the product is made in England. You also state that the carburetor with its packaging is intended to be opened only when it reaches the end user and the carburetor will never be sold without the box packaging, since the box will also contain warranty information, installation instructions and return goods information, all of which also states the English origin of the product.

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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the replica carburetor is the consumer who purchases the product at retail.

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the carburetor by viewing the container in which it is packaged, the individual carburetor would be excepted from marking under this provision.

Stromberg replica carburetors 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 container in which the carburetors are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported carburetors 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 Patrick Wholey at 646-733-3013.


Robert B. Swierupski

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