NY C80686 - The country of origin marking of showerheads - United States International Trade Commision Rulings

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NY C80686

October 21, 1997

MAR-2 RR:NC:MM:113 C80686

Category: MARKING

Mr. Paul Cutler
AM Conservation Group, Inc.
430 Sand Shore Road, #7
Hackettstown, NJ 07840

RE: The country of origin marking of showerheads

Dear Mr. Cutler:

This is in response to your letter dated October 7, 1997, requesting a ruling on country-of-origin marking for imported showerheads. A marked sample was not submitted with your letter for review.

The merchandise is showerheads made in China. You intend to import showerheads, which in your words "must be completely reworked, unpackaged, disassembled, repaired, quality controlled, reassembled and repackaged." You wish to represent these showerheads as products of the United States. You do not specifically state how they will be so represented.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35.

In the present case, however, the repackaging and quality control steps which you undertake in this country do not change the name, character or use of the items. Therefore, they remain products of China, and must be marked "Made in China"when sold to their ultimate purchaser. Since you do not supply specific information on the marking of the articles, we suggest that before importing them, you contact your local Customs port for advice on legal marking.

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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Director,

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