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NY R02540

September 21, 2005

MAR-2 RR:NC:N1:117 R02540


Mr. William Craig McKay
Adanac International Forwarders LTD
125-6088 Russ Baker Way
Richmond, B.C., Canada V7B 1B4


Dear Mr. McKay:

This is in response to your letter dated September 2, 2005 on behalf of your client, A.W. Pipe & Steel Sales, requesting a ruling on the country of origin marking requirements for pipe of iron or steel. A marked sample was not submitted with your letter for review.

The product to be imported is carbon steel welded round pipe. The pipe, imported from Canada in 8-foot lengths, is cut from the ends of oilfield pipe during the rolling process. The ends of the 8-foot pipes are jagged, rough-cut or open scam. You state that these pipes will be sold for use as fence posts.

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.

Treasury Decision (TD) 86-15 of January 22, 1986 defined small diameter pipe as pipe having an inner diameter of 1.9 inches or less. TD 92-70 amended TD 82-15 to allow tagging of the bundles only in the case of small diameter pipe or fittings. The pipe you are importing has an outside diameter of 2.375” and 2.875”. In a telephone conversation you stated that you believe the inside diameters of these tubes are greater than 1.9”’ Therefore, tagging the bundles does not satisfy the marking requirements of 19 U.S.C. 1304(c)(2). However, continuous paint stenciling, the alternative method you mention in your letter, is one of the five approved methods enumerated in 19 U.S.C. 1304(c)(1), and is therefore an acceptable country of origin marking for the imported 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 Gloria Stingone at 646-733-3020.


Robert B. Swierupski

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