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NY C86088





April 14, 1998

MAR-2 RR:NC:MM:109 C86088

CATEGORY: MARKING

Ms. Colleen Fallon
Professional Services Representative
Willson International Ltd.
6725 Airport Road, Suite 101
Mississauga, Ontario L4V 1V2

RE: THE COUNTRY OF ORIGIN MARKING OF BLANK PRINTED CIRCUIT BOARDS FROM CANADA

Dear Ms. Fallon:

This is in response to your letter dated March 10, 1998, on behalf of your client Electropac Limited, St. Catharines, Ontario. In your letter, you request a ruling on whether the proposed marking "Made in U.S.," or alternatively "Made in Canada" with "Assembled in U.S.A." underneath the "Made in Canada" are acceptable country of origin markings for the imported blank printed circuit boards. A marked sample was not submitted with your letter for review.

Electropac manufactures blank printed circuit boards in Canada. Samples of the various materials used, as well as samples of the product at various stages in the manufacturing operation were submitted with your request. You state that Electropac manufactures the circuit boards from raw material, and that they have no electronic components on them when exported to the United States. Electropac's U.S. customer populates the boards after importation with various electronic components. Electropac's U.S. customer has requested that Electropac mark the blank printed circuit boards as "Made in U.S." prior to export. You state in your letter that you believe that this marking would not be acceptable under the law, but believe that the alternative marking "Made in Canada" with "Assembled in U.S.A." underneath the "Made in Canada" would be an acceptable marking given the circumstances as described.

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.

The first question is whether the boards can be marked "Made in U.S." at time of entry. A "Made in the U.S.A." marking would be misleading. The blank boards are not made in the U.S.A., and therefore, it is not acceptable to mark the boards at the time of importation as if they were made in the U.S. Moreover, approval of markings of "Made in the U.S.A." is in the jurisdiction of the Federal Trade Commission and not the Customs Service. In order to get approval for marking the boards "Made in the U.S.A.," after they enter the U.S. and are fully assembled, you should contact the Federal Trade Commission. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements.

The second question is whether the boards can be marked "Made in Canada" with "Assembled in U.S.A." underneath the "Made in Canada" at time of entry. The two statements, when taken together, are ambiguous. There is no indication as to what was "Made in Canada" and what was "Assembled in U.S.A." Further, the marking "Assembled in U.S.A." is erroneous and misleading according to the facts provided concerning the imported boards. The blank boards are not assembled in the U.S.A., and therefore, it is not acceptable to mark the boards at time of importation as if they were. Again, markings which imply U.S. origin are within the jurisdiction of the Federal Trade Commission and not the Customs Service. In order to get approval for such marking after they enter the U.S. and are fully assembled, you should contact the Federal Trade Commission at the address listed above.

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 Eileen S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Director,

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