THE COUNTRY OF ORIGIN MARKING OF CD LASER LENS CLEANERS.

NY E89901 November 19, 1999 MAR-2 RR:NC:85:108 E89901 CATEGORY: MARKING Mr. Richard H. Abbey Ablondi, Foster, Sobin & Davidow, P.C. 1150 Eighteenth Street, N. W. Ninth Floor Washington, D.C. 20036-4129 RE: THE COUNTRY OF ORIGIN MARKING OF CD LASER LENS CLEANERS. Dear Mr. Abbey: This is in response to your letter dated November12, 1999, on behalf of your client, Recoton, where you requested a ruling on whether the proposed marking "Made in China" is an acceptable country of origin marking for imported CD Laser Lens Cleaners. An unmarked sample was submitted with your letter for review. The items in question are CD Laser Lens Cleaners, denoted as product numbers 1119 and CD 27. Both CD’s are manufactured in Hong Kong by first molding the raw plastic into a CD disc. The disc surface is coated with an aluminum material and covered with lacquer. The disc upper surface is screen-printed with artwork and item 1119 is recorded with audio instructions. Item CD 27 is not recorded with any audio information. Both items are sent to China for the further manufacturing of them into CD Laser Lens Cleaners. In China small slots, designed for the brushes, are drilled into only the bottom surface of the discs. The specific number of slots is dependent on the number of brushes to be inserted into the discs. A bonding agent is applied to each brush and the brushes are inserted into each appropriate slot and glued into place. 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 134.1(b), Customs Regulations (19 C.F.R. §134.1(b)), the term “country of origin” means the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. Substantial transformation is defined in United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 at 270, as a situation whereby articles lose their identity and become new articles having a new name, character or use. Based upon the above cited facts covering the manufacturing process of the CD’s into CD Laser Lens Cleaners and the appropriate Customs Regulations provision and precedent definition of substantial transformation for marking purposes it is the opinion of this office that “Made in China” is the proper marking for the CD Laser Lens Cleaners. 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 Michael Contino at 212-637-7039. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division