COUNTRY OF ORIGIN MARKING OF IMPORTED INTEGRATED CIRCUITS

NY 818007 February 8, 1996 MAR-2 RR:NC:MA:109 818007 CATEGORY: MARKING Burr-Brown Corporation International Airport Industrial Park P.O. Box 11400 Tucson, Arizona 85734 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED INTEGRATED CIRCUITS Dear Ms. Stapleton: This is in response to your letter dated December 28, 1995 requesting a ruling on whether integrated circuits, labeled as ejector pins, and capacitors, referred to as metal cans,'can be imported with an exception to the marking requirements. According to your letter, you claim that the integrated circuits are marked with country of origin marking though your company is having problems with Customs holding your shipments. You don't explain why your merchandise is being held, but it is apparent from the samples submitted that the marking is illegible. We believe this may be the problem. Your letter also explains that the integrated circuits are sold to manufacturers with invoices that reflect' the country of origin. You ask that Customs accept marking on the outer container for the imported integrated circuits, but you don't mention if these are the same containers used for resale to the ultimate purchasers, in this case electronic manufacturers. Your letter explains that the capacitors are imported for grade testing by your company and subsequently marked prior to sale at your companies manufacturing site. Though you claim that the sample submitted reflects the marking, again it is illegible. Finally, you ask that integrated circuits in general can be added to the J-List in order to eliminate country of origin marking requirements. Per our phone conversation, you have decided to petition on this issue in a separate request. 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. Section 134.41(b), Customs Regulations (19 CFR 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. The marking statute does not allow for country of origin marking on accompanying invoices to be substituted for required country of origin marking on the article itself. 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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the integrated circuits and capacitors is most likely a electronics circuit board manufacturer. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. However, since we are not sure if the integrated circuits are imported in what would be considered the marked retail container, whether the subject articles are excepted from individual marking under 19 CFR 134.32(d) is for the district director to decide. In this regard section 134.34, Customs Regulations (19 CFR 134.34), provides that an exception may be authorized in the discretion of the district director under 19 CFR 134.32(d) for imported articles which are to be repacked after release from Customs custody under the following conditions: (1) The containers in which the articles are repacked will indicate the origin of the articles to an ultimate purchaser in the U.S.; (2) The importer arranges for supervision of the marking of the containers by Customs officers at the importer's expense or secures such verification, as may be necessary, by certification and the submission of a sample or otherwise, of the marking prior to the liquidation of the entry. In this case, assuming that the district director is satisfied that the imported integrated circuits will be repacked in the manner described above, and that the other conditions set forth in 19 CFR 134.34 are met, the district director may authorize an exception under 19 CFR 134.32(d), in which case marking of the imported integrated circuits will not be required. This letter is being issued for informational purposes only. Ruling requests must be submitted with more specific information than that provided in your letter. Samples should be related to the specific request and, if possible, include model or part numbers concerning prospective shipments. If you have any questions regarding this reply, contact National Import Specialist Phil Carabetta at 212-466-5673. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division