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NY 806663




MAR 8, 1996
MAR-2 S:N:N1:109 806663

CATEGORY: MARKING

Ms Kathy Stapleton
Burr-Brown Corporation
International Airport Industrial Park
P.O. Box# 11400
Tucson, AZ 85734

RE: THE COUNTRY OF ORIGIN MARKING OF INTEGRATED CIRCUITS

Dear Ms. Stapleton:

This is in response to your letter dated January 30, 1995 requesting a ruling on whether the proposed marking "Malay" instead of "Malaysia" is an acceptable country of origin marking for imported small integrated circuits is acceptable marking. A marked sample was submitted with your letter for review.

The sample sbmitted is a very small integrated circuit. Based upon our examination of the submitted sample, we agree that thge item is too small to be marked with the entire country's name.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of imported integrated circuits , as described above, is conspicuously, legibly and permanently marked in satisfaction of 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 integrated circuits.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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