THE COUNTRY OF ORIGIN MARKING OF A METAL ENCLOSURE CONTAINING AN ELECTRICAL TRANSFORMER (ITEM # G1-013001C-1-2)

N056387 April 7, 2009 MAR-2 OT:RR:NC:N1:109 CATEGORY: MARKING Mr. Mark A. Duffy Haywood 61 Whitecap Drive North Kingstown, RI 02852 RE: THE COUNTRY OF ORIGIN MARKING OF A METAL ENCLOSURE CONTAINING AN ELECTRICAL TRANSFORMER (ITEM # G1-013001C-1-2) Dear Mr. Duffy: This is in response to your letter dated March 24, 2009, which you submitted on behalf of your client, Goldline Controls. Your letter requested a ruling determination as to whether the proposed marking “Made in China” is an acceptable country of origin marking for a metal enclosure containing an electrical transformer, which your client will import. A marked sample of the item in its condition as imported, identified as Item # G1-013001C-1-2, was submitted along with a sample of the item in its condition after it undergoes further manufacturing in the United States. Both samples are being returned as per your request. The merchandise subject to this ruling, Item # G1-013001C-1-2, consists of a metal enclosure with a hinged locking door. An electrical transformer is mounted inside the metal enclosure. The electrical transformer is a dual 120 volt, 23 volt secondary 11 amp steel core transformer. Your letter states that the importer will further manufacture the imported article into a finished good in the United States. The imported merchandise will be subjected to a substantial transformation resulting in a new and different article of commerce. The process that will be performed in the United States will produce a finished good known as an Aqua Rite Electronic Chlorine Generator. 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 United States must be able to find the marking easily and read it without strain. Section 134.1 (d) defines the ultimate purchaser as generally the last person in the United States 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 the manufacture, the manufacturer may be the ultimate purchaser if he subject the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 227 C.C.P.A. 267 (C.A.D 98) (1940), provides that an article used in manufacture which results in an article having a name, character, or use different 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. In such circumstances, the imported article is excepted from marking and only the outermost contain is required to be marked. See, 19 CFR 134.35. In this case, the imported metal enclosure containing an electrical transformer, Item # G1-013001C-1-2, is substantially transformed as a result of the U.S. processing, and therefore the U.S. manufacturer, who is the importer, is the ultimate purchaser of the imported metal enclosure containing an electrical transformer, Item # G1-013001C-1-2. Although, the sample of the imported item revealed that it was marked “Made in china”, in accordance with 19 CFR 134.35 only the containers which reach the ultimate purchaser are required to be marked with the country of origin “Made in china.” Marking the outer containers of the imported metal enclosure containing an electrical transformer, Item # G1-013001C-1-2 , with the phrase “Made in China” is an acceptable country of origin marking as long as the outer containers are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 Linda Hackett at (646) 733-3015. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division