THE COUNTRY OF ORIGIN MARKING OF A CONNECTOR PART

N197817 January 4, 2012 MAR-2 OT:RR:NC:1:110 CATEGORY: MARKING Ms. Samantha Wiesner Hubbell Incorporated 107 Corporate Drive Spartanburg, SC 29303 RE: THE COUNTRY OF ORIGIN MARKING OF A CONNECTOR PART Dear Ms. Wiesner: This is in response to your letter dated December 13, 2011, requesting a ruling on whether the proposed marking “Assembled in USA” is an acceptable marking for the content label attached to the imported Hubbell Integral Jacket Seal Loadbreak Elbow. A sample and proposed label was submitted with your letter for review. The Hubbell Integral Jacket Seal Loadbreak Elbow is an insulated boot or housing for use with underground cable connectors in systems rated for up to 25,000 Volts (V). The connector housing or boot is constructed of a hard insulating material in the shape of a 90º angle plug connector for a single conductor. The connector housing is barrel-shaped and measures approximately 2½ inches in diameter by 8 inches long with a right angle extension measuring approximately 6 inches long with a diameter of 2 inches. It provides an electrically sound seal and features an external loop that provides an improved grip for an electrician to pull the connector when disconnecting the cable from its termination point. From the sample and processing information that you have provided, the elbow is imported from China to Hubbell Power Systems Inc., where an extended sleeve manufactured in the U.S.A. is attached to the cable entrance end of the connector housing. 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 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.” 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. AnheuserBusch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982). As imported, the Seal Loadbreak Elbow is identifiable and has the essential character of a connector part. The assembly process of adding a sleeve to the elbow does not result in a substantial transformation. The country of origin remains China. Customs and Border Protection (CBP) has established that the phrase “Assembled in” is synonymous with “Made in” or “Product of” as an indicator of origin for goods produced as a result of an assembly operation and the country of origin of the article is determined to be the country of assembly. The Federal Trade Commission (“FTC”) has jurisdiction concerning the use of the phrase “Made in the U.S.A.,” or similar words denoting U.S. origin. Consequently, any inquiries regarding the use of such phrases reflecting U.S. origin should be directed to Steven Ecklund at the FTC, at the following address: Federal Trade Commission, 6th & Pennsylvania Avenue, N.W., Washington, D.C. 20508 or by telephone at (202) 326-2841. 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division