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NY E88473




December 9, 1999

MAR-2 RR:NC:N1:113 E88473

CATEGORY: MARKING

Ms. Teresa A. Gleason
Baker & McKenzie
815 Connecticut Avenue, NW
Washington, DC 20006-4078

RE: THE COUNTRY OF ORIGIN MARKING OF ELECTRICAL HEATING PADS; ARTICLE 509

Dear Ms. Gleason:

This is in response to your letter dated October 1, 1999, on behalf of R. G. Barry Corporation, requesting a ruling on whether the proposed marking "Assembled in Mexico" is an acceptable country of origin marking for imported electrical heating pads. A marked sample was not submitted with your letter for review. A representative sample of the finished item, printed with Taiwanese origin was submitted.

The merchandise is an electric heating pad. The finished heating pad consists of three components: a fabric cover, a magnet and an electrical heating pad component. The fabric cover is assembled in Mexico from US-formed fabric, cut to shape in the United States. The magnet is assembled in Mexico from a pre-cut US-origin magnet strip that is trimmed in Mexico with US-origin fabric. The electrical heating pad component is assembled in Mexico from components which may be of US or Taiwanese origin.

The electrical heating pad component is assembled in Mexico from two subassemblies: an AC-heating pad subassembly and a vinyl bag subassembly. In Mexico, these two subassemblies are combined with insulation, water, an insulated butt splice, adhesive, tape, a 6-foot cord with in-line switch and female connector, heat shrink tubing and a Velcro strap and buckle to complete the pad. The AC Heating Pad Subassembly is made in Mexico of goods of US and/or Taiwanese origin. These parts include OHM Heater Wires, Heat Shrink Tubing, a thermostat, double-sided tape, foam insulation and glue.

The Vinyl bag Subassembly is made in Mexico of goods of US and/or Taiwanese origin. These parts include White Vinyl and a 7 ¼-inch cord with male connector.

Other components of US and/or Taiwanese origin are foam insulation, water, an insulated butt splice, adhesive, double-sided tape, a 6-foot cord with in-line switch and female connector, heat-shrink tubing and a Velcro strap and buckle.

In the instant case, the completed heating pad subassembly is classified in subheading 8516.90.90, HTSUS, as part of an electrothermic appliance (the heating pad). Therefore, the change in tariff classification for this subassembly must be made in accordance with section 102.20(p), Section XVI: Chapters 84 through 85, subheading 8516.90, HTSUS, of the interim regulations, which states in part that:

A change to subheading 8516.90 from any other heading.

Therefore, each foreign material imported into Mexico and incorporated into the heating pad subassembly must come from a different heading than 8516, HTSUS. Since this is the case, the tariff shift rule under section 102.20(a)(3) is satisfied.

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.

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 Customs 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 Customs 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 Customs 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 Customs 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.

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. 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.

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.

With regard to the wording, 19 CFR § 134.43(e), Methods of marking specific articles states in pertinent part:

(e) Assembled articles. Where an article is produced as a result of an assembly operation and the country of origin of such article is determined under this chapter to be the country in which the article was finally assembled, such article may be marked, as appropriate, in a manner such as the following: (1) Assembled in (country of final assembly). . .

The proposed marking of imported heating pads, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported pads.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director,

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