NY NY1171 - COUNTRY OF ORIGIN MARKING OF AN IMPORTED ELECTRIC LIGHTING FIXTURE; ARTICLE 509 - United States International Trade Commision Rulings

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NY C89047

July 28, 1998

MAR-2 RR:NC:2:227 C89047

CATEGORY: MARKING

Mr. Steven Napoleon

General Electric Company

Nela Park, Bldg. 327D

1975 Noble Road

Cleveland, OH 44112

RE: COUNTRY OF ORIGIN MARKING OF AN IMPORTED ELECTRIC LIGHTING FIXTURE; ARTICLE 509

Dear Mr. Napoleon:

This is in response to your letter dated June 11, 1998 requesting a ruling on the country of origin marking requirements for an imported article which is processed in a NAFTA country prior to being imported into the U.S. A marked sample was not submitted with your letter for review.

According to your submission, GE Lighting intends to import a finished aluminum electric lighting fixture, identified as the Wallmount 400, from Mexico into the United States for retail sale. The imported lighting fixture will be made from components produced in Taiwan and Mexico. The components from Taiwan will consist of the housing, glass reflector, reflector, socket bracket, retaining clips, rivets and machine screws. These components will be included in a kit and sent to Mexico for further processing.

In Mexico, the Taiwan components will be assembled and wired with parts of Mexican origin to produce the aluminum electric lighting fixture. The Mexican components include a ballast, ballast bracket, capacitor, capacitor bracket, ignitor, ignitor bracket, socket, gasket, heat shields, cable clamp, heat sink, insulgrease and miscellaneous brackets. The wiring, labels and packing material will also originate in Mexico.

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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 C.F.R. Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.1(b) of the regulations, defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations, provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.

You state that the imported components are processed in Mexico prior to being imported into the U.S. Since, Mexico is defined under 19 C.F.R. §134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported electric lighting fixture is a good of a NAFTA country, and thus subject to the NAFTA marking requirements.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported aluminum electric lighting fixture is a good of Mexico for marking purposes. (19 C.F.R. §102.11(a)(3)).

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. Part 181).

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 George Kalkines at 212-466-5794.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

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