THE COUNTRY OF ORIGIN MARKING OF A CABINET FOR A REFRIGERATED APPLIANCE

NY M81346 April 18, 2006 MAR-2 RR:NC:1:102 M81346 CATEGORY: MARKING Mr. Keith Sedwick Le Cache Premium Wine Cabinets 2069 Greenwich Street San Francisco, CA 94123 RE: THE COUNTRY OF ORIGIN MARKING OF A CABINET FOR A REFRIGERATED APPLIANCE Dear Mr. Sedwick: This is in response to your letter dated March 22, 2006 requesting a marking ruling on behalf of Le Cache. The issue raised is whether country of origin marking is required on imported cabinet components used in the manufacture of refrigerated wine cabinets. Descriptive information and photographs were submitted for review. 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 USC 1304. 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. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if the manufacturer subjects the imported article to a process which results in a substantial transformation of the article. An article used in manufacture that results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. Pursuant 19 CFR 134.35, in such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. In your request you indicate that Le Cache imports furniture components, such as shells, racks and doors used in the manufacture of refrigerated wine cabinets in the United States. Upon importation the components are received by Le Cache and assembled with other components, such as mounting brackets, cooling systems, locks and lights, to form refrigerated wine cabinets. Presumably, Le Cache never sells the imported components in their imported condition. You are requesting that the foreign components be excepted from individual marking because they are substantially transformed by the assembly operations performed by Le Cache, and that Le Cache is the ultimate purchaser of the imported articles. Based on the information provided we find that the subject components are substantially transformed into articles with a new name, character or use, when assembled into refrigerated wine cabinets. Accordingly, Le Cache is the ultimate purchaser of the components in question. In accordance with 19 CFR 134.35, the subject components, provided that they are used by Le Cache in the assembly of refrigerated appliances and not sold separately in their condition as imported, are excepted from individual marking. Only the outermost containers of the imported articles must be marked with country of origin. 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 Kenneth T. Brock at 646-733-3009. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division