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NY R02139

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July 12, 2005

MAR-2 RR:NC:N1:105 R02139

CATEGORY: MARKING

Ms. Anna P. Reyes-Potts
Seattle Systems, Inc.
26296 Twelve Trees Lane NW
Poulsbo, WA 98370

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ANKLE BRACES; ARTICLE 509

Dear Ms. Reyes-Potts:

This is in response to your letter dated June 15, 2005 requesting a ruling on the country of origin marking requirements for imported ankle braces which are assembled from U.S. and Taiwan components in a NAFTA country. A marked sample was not submitted with your letter for review. However, you did provide pictures of two items with molded plastic portions to cup the bottom and sides of the foot and with integral molded plastic pieces/supports/Velcro straps that extend up to about the patient’s knee.

You state, “The main structural elements of the braces – shells, uprights, and hinges are made in the U.S.” From the pictures, we assume that these parts were made to your firm’s specifications specifically for these two items

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 134.45(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.

In this case, you state that U.S. and Taiwan component(s) are exported to a NAFTA country where they are assembled prior to being re-imported into the U.S.

The rules for determining when, for marking purposes, the country of origin of an imported good is one of the parties to "NAFTA" are set forth in Part 102, Customs Regulations.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported ankle braces are goods of the United States for marking purposes. Accordingly, it will not be required to have any country of origin marking pursuant to 19 U.S.C. 1304 when imported into the United States.

You ask, “Can we specify the U.S. as the country of origin?”

Assuming you mean some marking on the goods or their cartons as information for the purchasers, whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

You should state the country of origin to be US on the CF 7501 and other entry documents submitted to Customs.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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