COUNTRY OF ORIGIN MARKING OF IMPORTED A LIGHT EMITTING DIODE (LED), A PLASTIC HOUSING, A PLASTIC DIFFUSER COVER, AND AN ELECTRIC END-CAP SOCKET FROM CHINA

N190795 November 15, 2011 MAR-2 OT:RR:NC:N1:109 CATEGORY: MARKING Mr. Gordon C. Anderson Atty in Fact LedTronics, Inc. C.H. Robinson Worldwide, Inc. 14800 Charlson Road, Suite 400 Eden Prairie, MN 55347-5048 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED A LIGHT EMITTING DIODE (LED), A PLASTIC HOUSING, A PLASTIC DIFFUSER COVER, AND AN ELECTRIC END-CAP SOCKET FROM CHINA Dear Mr. Anderson: This is in response to your letter dated October 26, 2011, requesting a ruling on behalf of your client, LedTronics, Inc., on whether imported component parts for a fluorescent LED tube lamp are required to be individually marked with the country of origin if it is later to be processed in the U.S. by a U.S. manufacturer. A sample of each of the component parts was submitted in its condition as imported with your letter and is being returned to you as per your request. The merchandise subject to this ruling is four components used in a fluorescent LED tube lamp. The first component, part # L200, is a single green light emitting diode (LED) with two lead wire prongs used in fluorescent LED tube lamp. The second component, part # B320, is a plastic housing designed to hold two LEDs used in a fluorescent LED tube lamp. The third component, part # FPCF-LXX, is a plastic diffuser cover to protect the LEDs and mute the light of the fluorescent LED tube lamp assembly. The fourth component, part # FEC-L12, is an electric end-cap socket used in the LED tube lamp to secure the LED tube lamp assembly into a light fixture. Your submission states that your client, LedTronics, Inc., imports these four component parts and utilizes them in the manufacture of a new and different article of commerce by assembling them together to create a fluorescent LED tube lamp at their facility in Torrance, California. As such, you are requesting exemption from individual origin markings of each component part in accordance with Customs Federal Regulation (CFR) 19, Part 134.45. 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 U.S. 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 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 he subjects 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., 27 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 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. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35. In this case, the single green light emitting diode (LED) with two lead wire prongs (part # L200), the plastic housing (part # B320), the plastic diffuser cover (FPCF-LXX), and the electric end-cap socket (part # FEC-L12) are substantially transformed by LedTronics, Inc. as a result of the U.S. processing. The ultimate purchaser is generally the last person in the U.S. who will receive the article in the form in which it was imported. As LedTronics, Inc. will assemble the component parts together to create fluorescent LED tube lamps, which will be an article(s) having a name, character or use differing from that of the imported articles, they are the last person/company to receive the component parts in the form in which they were imported. As such, LedTronics, Inc. is the ultimate purchaser of the imported component parts. Therefore, under 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”. 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 M. Hackett at (646) 733-3015. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division