THE COUNTRY OF ORIGIN MARKING OF BATTERY PACKS

NY B87586 August 7, 1997 MAR-2 RR:NC:1: 112 B87586 CATEGORY: MARKING Mr. Ahmet Sanal Siemens Medical Systems, Inc. 156-15 146 Avenue Jamaica, NY 11434 RE: THE COUNTRY OF ORIGIN MARKING OF BATTERY PACKS Dear Mr. Sanal: This is in response to your letter dated July 9, 1997 requesting a ruling on the country of origin marking requirements for imported lithium-ion battery packs. A marked sample was submitted with your letter for review. As indicated in your request, these battery packs, which are designed for cellular telephones, are assembled in the Czech Republic using battery cells and a protection circuit module from Japan, and other components from Germany. Since battery cells are not substantially transformed when assembled into battery packs, the country of origin of the packs is considered to be the country of origin of the battery cells. Therefore, for purposes of the country of origin marking requirements of 19 U.S.C. 1304, the battery packs in question must be marked "Made in Japan". 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. 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 David Curran at 212-466-5680. Sincerely, Robert Swierupski Chief, Metals and Machinery Branch National Commodity Specialist Division