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NY 894988

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March 8, 1994

MAR-2-39:S:N:N6:221 894988

CATEGORY: MARKING

Mr. Patrick Gallagher
Patrick Gallagher Customhouse Brokerage
P.O. Box 55488
Portland, OR 97238-5488

RE: The marking requirements of a plastic clamshell for computer diskettes from China.

Dear Mr. Gallagher:

In your letter dated February 8, 1994, on behalf of Technetwork, Inc., you requested a ruling on the marking requirements for a plastic clamshell for computer diskettes.

The clamshell forms the housing for 3.5 inch computer diskettes. The importer purchases empty clamshells and uses them in the manufacture of completed computer diskettes. The manufacturing consists of inserting United States origin recording media into the clamshell and performing various finishing operations.

Unless excepted by law, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that all articles of foreign origin imported into the United States must be legibly and conspicuously marked to indicate the country of origin to an ultimate purchaser in the United States. A manufacturer in the United States is considered to be the ultimate purchaser if the processing performed is such that the imported article loses its identity or its independent functional significance and becomes an integral part of a new article with a new name, character and use.

The clamshell housing loses its independent functional significance and becomes an integral part of a new article with a new name, character and use when it is combined with the recording media. Thus, the clamshells may be excepted from individual marking as long as the outermost containers which reach the ultimate purchaser are properly marked, or the Customs officers at the port of entry are satisfied that the ultimate purchaser is aware of the country of origin by reason of the circumstances of the importation.
You have also asked whether the finished product may be marked "Made in USA." The determination as to whether products may be labeled "Made in the United States" is within the jurisdiction of the Federal Trade Commission. You may direct this question to the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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