Country of origin marking of casings; 19 CFR 134.35(a)

HQ 561331 July 9, 1999 MAR-2 RR:CR:SM 561331 KSG CATEGORY: Marking Lee Harris Thyssen Haniel Logistics, Inc. 1200 South 192nd Street Seattle, Washington 98148 RE: Country of origin marking of casings; 19 CFR 134.35(a) Dear Mr. Harris: This is in response to your letter dated March 23, 1999, requesting a country of origin marking ruling on behalf of Advanced Technology Video Inc. (“ATV”) regarding imported casings. Supplemental information was provided in a brochure received June 28, 1999. FACTS: ATV imports outer casings from Taiwan that are used in the U.S. to make multiplexers. You state that all the other parts used to assemble the multiplexer in the U.S. are of U.S. origin. ATV wishes to include the marking “Made in the U.S.” or “Product of the U.S.” in raised letters on the outer casings when they are molded in Taiwan. ATV would mark the outer containers to indicate that the casings are products of Taiwan. You state that ATV is aware as the importer that the casings are a product of Taiwan. Your request for a binding ruling is intended to apply only to future shipments into the U.S. ISSUE: Whether the outer casings may be imported with the marking “Made in the U.S.” or “Product of the U.S.” permanently molded into the products? LAW AND ANALYSIS:  Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, provides that unless excepted, every article of foreign origin 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 of 19 U.S.C. 1304. Pursuant to 19 CFR 134.35(a), articles other than goods of a NAFTA country used in the U.S. in manufacture which results in an article having a name, character, or use differing from that of the imported article will be within the principle of the decision in the case of U.S. v. Gibson-Thomsen Co., Inc., 27 CCPA 269 (1940). Under this principle, the manufacturer or processor in the U.S. wo converts or combines the imported article will be considered the “ultimate purchaser” of the imported article and the article shall be excepted from marking. The outermost containers of the imported articles shall be marked in accord with this part. The exception set forth at 19 CFR 134.35(a) allows a good to be excepted from marking if it is substantially transformed in the U.S. However, this exception does not authorize a foreign good to be marked as a product of the U.S. when imported. Therefore, although this article would be excepted from country of origin marking if it is substantially transformed in the U.S., the casings cannot be marked as a product of the U.S. when imported. Moreover, no other exception from the foreign country of origin marking requirements, such as in 19 CFR 134.32(f), (g), and (h), authorizes a foreign-made article to be marked as a product of the U.S. when imported. Also, the Federal Trade Commission has jurisdiction over the use of the phrase “Made in the U.S.A.”, or similar words denoting U.S. origin on articles, and therefore, would have to be consulted about a marking denoting U.S. origin. HOLDING: The imported foreign casings cannot be marked as a product of the U.S. when imported under the exception set forth at 19 CFR 134.35(a). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John Durant, Director Commercial Rulings Division