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NY J86342




September 22, 2003

MAR-2 RR:NC:N1:105 J86342

CATEGORY: MARKING

Ms. Barbara Dawley, Esq.
Meeks & Sheppard
1735 Post Road, Suite 4
Fairfield, CT 06824

RE: THE COUNTRY OF ORIGIN MARKING OF NEEDLED SUTURES FROM THE DOMINICAN REPUBLIC

Dear Ms. Dawley:

This is in response to your letter dated July 24, 2003, revised and resubmitted on August 27, 2003, on behalf of United States Surgical, requesting a ruling on whether the proposed marking "Made in the Dominican Republic" or “Assembled in the Dominican Republic” is an acceptable country of origin marking for imported needled sutures.

Headquarters Ruling Letter 965318 AM, 11-7-02, indicates that, for a non-Nafta country, the cutting of suture thread to length, inserting it into a needle, and packaging it is a substantial transformation whether or not it is sterilized in that country and regardless of the origin of the suture thread and/or the needle.

From your description, that is the case for each of the set of facts that you detail.

Therefore, we agree that either of the two phrases above are acceptable as country of origin marking for your imports.

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.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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