RE: COUNTRY OF ORIGIN MARKING OF IMPORTED LAMP PARTS
Dear Mr. Polgar:
This is in response to your letter dated January 26, 1996, requesting a ruling on whether imported lamp parts are required to be individually marked with the country of origin if it is later to be processed in the U.S. by a U.S. manufacturer. A marked sample was not submitted with your letter for review.
Subsequent to importation into the United States the lamp parts at issue, from Korea and Mexico, are assembled with domestic parts by the importer to create finished lamps. The imported parts involved in the assembly incude roofs, fitters, louvers and sockets and comprise between 24 to 39 percent of the finished lamps. The importer ships the roofs and louvers to a local vendor who electrostatically applies a protective and decorative powder coating. The finished roofs and louvers are returned to the importer to be assembled with other components to form the finished lamps.
You maintain that the imported components should be excepted from marking.
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 C.F.R. 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 C.F.R. §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 C.F.R. §134.35.
In this case, the imported parts are substantially transformed as a result of the U.S. processing, and therefore the U.S. manufacturer is the ultimate purchaser of the imported components and under 19 C.F.R. §134.35 only the containers which reach the ultimate purchaser are required to be marked with the country of origin.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 George Kalkines at 212-466-5794.