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NY C87610





June 4, 1998

MAR-2 RR:NC:SP:221 C87610

CATEGORY: MARKING

Mr. Ralph M. Navedo
Inter-Maritime Forwarding Co., Inc.
156 William Street
New York, NY 10038-2689

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PLASTIC SHOWER SPRAY ADAPTERS FROM MEXICO.

Dear Mr. Navedo:

This is in response to your letter dated May 7, 1998, on behalf of Selfix, Inc., requesting a ruling on whether imported plastic shower spray adapters are required to be individually marked with the country of origin if they are later to be processed in the U.S. by a U.S. manufacturer. A marked sample was submitted with your letter for review.

Plastic tubes, manufactured in Chicago, are exported to Mexico. Each tube is combined with a flexible plastic adapter which is molded in Mexico. After importation into the United States, the tube/adapter combination is incorporated with other domestically produced parts, including a hose and shower head, to form a shampoo spray or pet washer spray.

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.

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 this case, the imported adapters are substantially transformed as a result of the U.S. processing, and therefore the U.S. manufacturer is the ultimate purchaser of the imported adapters and under 19 CFR 134.35 only the containers which reach the ultimate purchaser are required to be marked with the country of origin "Mexico".

You also request a ruling as to whether the retail package in which the completed shower spray is sold may be marked, "Made in U.S.A." Approval of markings of "Made in U.S.A." is within the jurisdiction of the Federal Trade Commission and not the Customs Service. In order to get approval for marking the shower sprays "Made in U.S.A.," you should contact the Federal Trade Commission, Division of Enforcement, 6th & Pennsylvania Avenue, N.W., Washington D.C. 20508.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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