MAR-2 RR:E:NC:N1:113 R04562
Ms. Toni L. Garcia
Emerson Tool Company
8100 W. Florissant
St. Louis, MO 63136
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED VACUUM CLEANER PARTS; ARTICLE 509
Dear Ms. Garcia:
This is in response to your letter dated August 4, 2006, requesting a ruling on the country of origin marking requirements for imported vacuum cleaner parts which are assembled from U.S. and Mexican components in Mexico. A marked sample was not submitted with your letter for review.
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.
The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.
Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.
In this case, you state that U.S. component(s) are exported to a NAFTA country where they are assembled prior to being re-imported into the U.S. Polypropylene and color concentrate of U.S. origin is manufactured into flexible hose in Mexico. Hose adaptor ends of U.S. origin are assembled onto the hose. Swivel hose ends and locking ends of U.S. origin are retail-packaged with the completed hose.
The applicable subheading for the parts will be 8509.90.1530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts, other, of wet/dry vacuum cleaners. The general rate of duty will be 2 percent ad valorem.
The rules for determining when, for marking purposes, the country of origin of an imported good is one of the parties to "NAFTA" are set forth in Part 102, Customs Regulations.
Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.
Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported vacuum cleaner parts are a good of Mexico for marking purposes. Accordingly, it will be required to have a country of origin marking pursuant to 19 U.S.C. 1304 when imported into the United States. Your suggestions of “Made in Mexico,” or “Assembled in Mexico of U.S. and Mexican components” are acceptable. “MX” is not an acceptable abbreviation. Since you do not supply a description of the retail package, we suggest that you contact the Customs official at your local port for specific information on the location, size, etc. of proper marking.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).
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 James Smyth at 646-733-3018.
Robert B. Swierupski