THE COUNTRY OF ORIGIN MARKING OF POINTING TROWELS FROM CHINA.

NY G89376 April 5, 2001 MAR-2 RR:NC:1:118 G89376 CATEGORY: MARKING Mr. Brian Cuiper Walton Tool Co., Inc. 650 W. 16th Street Long Beach, CA 90813 RE: THE COUNTRY OF ORIGIN MARKING OF POINTING TROWELS FROM CHINA. Dear Mr. Cuiper: This is in response to your letter dated March 16, 2001, requesting a ruling on whether the proposed marking “Made in U.S.A. of U.S. and Imported Parts” is an acceptable country of origin marking for imported pointing trowels. A marked sample similar to the imported trowel in question was submitted with your letter for review. The steel blade is made in China, and the plastic handle is made in the U.S. The two parts are assembled in the U.S. 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. The “country of origin” is defined in 19 CFR 134.1(b) as “the country of manufacture, production, or growth of any article of foreign origin entering the U.S. 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.” For tariff purposes, the courts have held that a substantial transformation occurs if a new and different article emerges having a distinctive name, character or use. Anheuser-Busch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982). In this case, the assembly process does not result in a substantial transformation. The assembled pointing trowel does not have a distinctive name, character or use different from the unassembled pointing trowel blade and therefore is a good of China for marking purposes. With respect to the marking “Made in U.S.A. of U.S. and Imported Parts" printed on the top portion of the blade, this article is not a product of the U.S. However, use of the phrase “Made in U.S.A.” is under the jurisdiction of the Federal Trade Commission, Division of Enforcement, 6th & Pennsylvania Avenue, NW, Washington, D.C. 20508. 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 Kathy Campanelli at 212-637-7025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division