MAR-2 OT:RR:NC:N1:102
Mr. Mark A. Ussai
Associate General Counsel
SKF USA, Inc.
890 Forty Foot Road
P. O. Box 332
Kulpsville, PA 19443
RE: THE COUNTRY OF ORIGIN MARKING OF BEARINGS AND OTHER MANUFACTURED GOODS
Dear Mr. Usaai:
This is in response to your letter dated January 27, 2010 requesting a ruling on whether the proposed marking “Made by SKF in X” , where “X” is the country of origin, for example “Made by SKF in Japan”, is an acceptable country of origin marking for imported bearings and other manufactured goods. A marked sample was not submitted with your letter for review.
In your request you explain that SKF manufactures bearings and other manufactured goods in various SKF plants located throughout the world. The purpose of the proposed marking is to accurately inform purchasers that the goods so marked were made in facilities owned by SKF USA or its parent company Aktiebolaget SKF in the country of origin.
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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of imported bearings and other manufactured goods, as described above, if conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, is an acceptable country of origin marking for the imported goods.
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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division