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NY A81309

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April 19, 1996

MAR-2-90:R:N4:119 A81309

CATEGORY: MARKING

Mr. Herb Simon
Hu-Friedy
3232 N. Rockwell Street
Chicago, IL 60618-5982

RE: THE COUNTRY OF ORIGIN MARKING OF A DENTAL INSTRUMENT

Dear Mr. Simon:

In your letter dated March 1, 1996 (received March 20, 1996 by this office) you requested a country of origin marking ruling on a dental instrument manufactured partly in the United States and partly in Pakistan. The samples you furnished consist of one finished Elevator, one finished and two unfinished handles. The Elevator is a dental instrument used to loosen a tooth from the periodontal ligament and ease extraction. It consists of a handle and a blade. The blade is referred to in your catalog as a shank with working end.

The finished Dental Elevator sample you furnished measures 5 5/8 inches in overall length. The hollow handle is 3 3/4 inches long with a tapered body from 3 1/8 to 2 1/8 inches in circumference. It has been polished and sandblasted for a non-slip grip. The 1 7/8 inch long blade (measured on a straight line) has a curved and flattened tip.

Of the three handles furnished, one is completely finished, another has been polished but not sandblasted, and the third grip has been neither polished nor sandblasted. All three handles have pre-formed holes to receive the blade shank.

The blade is to be manufactured entirely in the United States, but you plan to import the handle from Pakistan either completely finished or semi-finished as described above and attach the blade by gluing.

You inquire as to whether the finished Dental Elevator can still be marked "Made in U.S.A."

Regardless of the Customs Service's determination of the country of origin of a product that is partly manufactured in a foreign country, the Federal Trade Commission generally prohibits the marking of an article "Made in U.S.A." if a significant part of that article is of foreign origin.

For Customs' purposes, 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.

In addition, Section 134.43(a) of the Customs Regulations requires that certain articles such as dental instruments and parts thereof be marked by means of die stamping, cast-in-mold lettering, etching, engraving, or by affixing metal plates to the article.

An imported article that is substantially transformed by manufacturing in the Unite States into another article of commerce __ having a name, character, or use different from that of the imported article __ can be considered to be a product of the United States.

In this case, the light manufacturing processes undertaken in the U.S. would not change the character of the handle which retains its own identity. "Handle made in Pakistan" die stamped or engraved in the handle would be an acceptable form of marking.

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director

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