NY a86443: COUNTRY OF ORIGIN MARKING OF IMPORTED TEXTILE STRAPS.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

NY A86443





	August 26, 1996



MAR-2 RR:NC:TP:352 A86443



CATEGORY:  MARKING



Mr. Charles Heilpern

H & H Shipping Co., Inc.

120 Sylvan Avenue

P.O. Box 1796

Englewood Cliffs, New Jersey 07632



RE: COUNTRY OF ORIGIN MARKING OF IMPORTED TEXTILE STRAPS.



Dear Mr. Heilpern:



	This is in response to your letter dated July 30, 1996, on behalf of your
client Blue Star Webbing Corp., requesting a ruling on whether imported textile
straps are required to be individually marked with the country of origin if it
is later to be processed in the U.S. by a U.S. manufacturer.  A marked sample
was not submitted with your letter for review.



	Your correspondence indicates that the textile webbing straps will be used
in the manufacture of two items in the United States.  In the fist instance the
straps will be incorporated in a child safety seat.  The straps will be
permanently attached to the safety seat.  The second use for these straps will
be in the manufacture of spray canisters.  In this application the straps will
also be permanently affixed to the manufactured article and will lose their
identity as separate articles of commerce.  



	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 C.F.R. Part 134), implements the country
of origin marking requirements and exceptions of 19 U.S.C. §1304.  Section
134.41(b), Customs Regulations (19 C.F.R. §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.  19 C.F.R. §134.1(d)(1) states that if an imported
article will be used in manufacture, the manufacturer may be the ultimate
purchaser if he subjects the imported article to a process which results in a
substantial transformation of the article.  The case of U.S. v. Gibson-Thomsen
Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that 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.  In such circumstances, the
imported article is excepted from marking and only the outermost container is
required to be marked.  See, 19 C.F.R. §134.35.



	In this case, the imported textile straps are substantially transformed as
a result of the U.S. processing, and therefore the U.S. manufacturer is the
ultimate purchaser of the imported textile straps and under 19 C.F.R. §134.35
only the containers which reach the ultimate purchaser are required to be marked
with the country of origin.  



	This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 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 Alan Tytelman at 212-466-5896.







								Sincerely,







								Roger J. Silvestri

								Director

								National Commodity

								Specialist Division