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NY J88342




September 23, 2003

MAR-2 RR:NC:N1:105 J88342

CATEGORY: MARKING

Mr. Bob McFadden
Kobold Instruments Inc.
1801 Parkway View Drive
Pittsburgh, PA 15205

RE: THE COUNTRY OF ORIGIN MARKING OF MACHINED PARTS FROM GERMANY

Dear Mr. McFadden:

This is in response to your letter dated August 29, 2003, requesting a ruling on whether a substantial transformation will take place in the United States of your imported “finished machined component parts” of flow meters. No samples were submitted, but you did send a copy of your “BVO Assembly Work Instructions,” which pictured the various machined parts. You indicate that these are typical of the parts you are referring to.

You state that the typical flow meter will be assembled in the USA from 20 German parts, plus 5 O-rings, the scale, and 4 labels made in the USA.

As in Headquarters Ruling Letter 562558 ALH, 12-31-02, we assume the parts will be imported in bulk in their own cartons or other containers, not as unassembled kits.

As in 562558, it is clear that no one machined part would have the essential character of the completed flow meter so we agree that each part, per se, will be substantially transformed in the USA. Therefore, the finished flow meter will be exempt from country of origin marking pursuant to section 134.35(a), Customs Regulations (19 CFR 134.35(a)). The imported flow meter parts are excepted from country of origin marking so long as their outermost containers are properly marked at the time of importation. U.S. Customs officials must be satisfied at the time of importation that the parts are entirely unassembled and are destined for use by Kobold exclusively in the production of flow meters as described above.

You specifically ask whether “the finished flow meter may be considered to be of U.S. origin for country of origin marking.”

As indicated above, the imported German parts will be substantially transformed in the USA, thus not requiring any statement about Germany on the finished flow meters. However, again following 562558, the Federal Trade Commission ("FTC") has jurisdiction concerning the use of the phrase "Made in the U.S.A.," or similar words denoting U.S. origin. Consequently, any inquiries regarding the use of such phrases reflecting U.S. origin should be directed to:

Division of Enforcement
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
Telephone: 202-326-2996
URL address: www.ftc.gov

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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