COUNTRY OF ORIGIN MARKING OF IMPORTED ELECTRICAL SAFETY COMPLIANCE ANALYZERS

N238301 February 26, 2013 MAR-2 OT:RR:NC:4:405 CATEGORY: MARKING Ms. Eve Gramer Associated Research, Incorporated 13860 W. Laurel Drive Lake Forest, IL 60045 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ELECTRICAL SAFETY COMPLIANCE ANALYZERS Dear Ms. Gramer: This is in response to your letter dated February 7, 2013, requesting a ruling on whether the proposed marking “Designed in the USA – Made in Taiwan R.O.C” is an acceptable country of origin marking for imported electrical safety compliance analyzers since another marking, “Designed in the USA,” appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review. However, an attachment shows the two phrases in the same large size print, one right above the other. For the purposes of this reply, we take it that the same will apply to the marking on the imports and that both statements are factually true. 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. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. Headquarters Ruling Letter 559592 AT, dated December 14, 1995, discussed “Designed in the USA” in conjunction with Country of Origin marking.       The proposed marking of imported electrical safety compliance analyzers, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported electrical safety compliance analyzers. 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 J. Sheridan at (646) 733-3012. Sincerely, Thomas J. Russo Director National Commodity Specialist Division