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NY F86789




May 9, 2000

MAR-2 RR:NC:MM:101 F86789

CATEGORY: MARKING

Ms. Melissa Ann Miller
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: THE COUNTRY OF ORIGIN MARKING OF WINDSHIELD WIPER BLADES

Dear Ms. Miller:

This is in response to your letter dated May 2, 2000 requesting a ruling on whether the proposed marking "Distributed by: Jamak Fabrication, Inc. Weatherford, TX Silicone Squeegee Made in USA Other Components & Assembly Made in China; or Distributed by: Jamak Fabrication, Inc. Weatherford, TX Silicone Squeegee Product of USA Wiper Blade and Other Components Made in China; or Distributed by: Jamak Fabrication, Inc. Weatherford, TX Silicone Squeegee Made in USA Other Components Made in China Product Made in China " is an acceptable country of origin marking for imported Windshield Wiper Blades. A marked sample was submitted with your letter for review.

On behalf of your client, Jamak, Inc. ("Jamak") you state that Jamak is a manufacturer and importer of windshield wiper blades from China, Taiwan, or Korea. The wiper blades consist of a silicone rubber squeegee insert that is the product of the USA. The squeegee inserts are shipped to China where they are assembled with other Chinese components into the finished wiper blades. You state that some of the wiper blades are made in Korea or Taiwan. Thus, some of the squeegee inserts are shipped to Korea or Taiwan there they are assembled with other Korean or Taiwanese components, respectively, into the finished wiper blades. Thereafter, the wiper blades are imported into the U.S., and are distributed by Jamak Fabrication, Inc.

Jamak is considering using one of the proposed marking legends:

Distributed by:
[COMPANY LOGO]
Jamak Fabrication, Inc.
Weatherford, TX

Silicone Squeegee Made in USA
Other Components & Assembly Made in
China

Distributed by:
[COMPANY LOGO]
Jamak Fabrication, Inc.
Weatherford, TX

Silicone Squeegee Product of USA
Wiper Blade and Other Components Made in China

Distributed by:
[COMPANY LOGO]
Jamak Fabrication, Inc.
Weatherford, TX

Silicone Squeegee Made in USA
Other Components Made in China
Product Made in China

You state that although you are using China as an example in the proposed marking legends, all of the other markings will reflect that the goods are made in China, Korea, or Taiwan as appropriate.

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.

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.

The proposed marking of imported Windshield Wiper Blades, 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 all three of the proposed legends are acceptable country of origin markings for the imported Windshield Wiper Blades.

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 Robert DeSoucey at 212-637-7035.

Sincerely,

Robert B. Swierupski
Director,

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