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NY N014761

August 22, 2007

MAR-2 RR:NC:N1:102


Mr. Raymond E. Cellemme
Conbraco Industries, Inc.
Post Office Box 125
Pageland, SC 29728-0125


Dear Mr. Cellemme:

In your letter dated July 18, 2007 you requested a marking ruling.

The items in question are described as test cocks for backflow preventer assemblies. Descriptive literature was submitted.

A backflow preventer is an assembly of permanently joined components which include a main body with two check valves, two shut off valves and four test cocks. Test cocks are glued to the main body and one shut off valve on the brass backflow preventer assemblies.

You indicate that the backflow preventers are assembled in the United States from parts originating in the United States and China and can only be sold as a complete unit. All of the components (main body, two check valves and two shut off valves) in the assembly are made in the United States with the exception of the test cocks that are made in China.

In your request you inquire as to the proper marking of the imported components.

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 USC 1304.

  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 the manufacturer subjects the imported article to a process which results in a substantial transformation of the article. 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. Pursuant to 19 CFR 134.35, in such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked.

Based on the information made available, the test cocks are used by Conbraco Industries in the production of complete backflow preventer assemblies. You indicate that the test cocks are rarely sold in their condition as imported.

Accordingly, we find that the imported components are substantially transformed into articles with a new name, character or use, when incorporated with other components to produce finished backflow preventer assemblies and that Conbraco Industries is the ultimate purchaser of such parts. In accordance with 19 CFR 134.35, the imported components, provided they are used by Conbraco Industries in the assembly of completed backflow preventer assemblies and not sold separately in their condition as imported, are excepted from individual marking and only the outermost containers of the imported articles must be marked with country of origin.

However, on those occasions when the imported test cocks are not assembled into finished backflow preventer assemblies, but sold to customers as spare parts, the "ultimate purchaser" of the silencers is not Conbraco Industries, but the customer to whom the test cocks are sold. In this regard, we note that where the outermost container of the test cocks are correctly marked with the country of origin of the articles contained within, the imported test cocks, including those test cocks that may be repacked and distributed as spare parts, are excepted from individual marking at the time of importation pursuant to 19 U.S.C. §1304(A)(3)(D) and CFR 134.32(d), provided that the certification set forth in 19 C.F.R. §134.26 is executed, and the spare parts, which are sold in their condition as imported, will reach the retail purchaser marked in accordance with the requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134.

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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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