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NY R02510





September 20, 2005

MAR-2 RR:NC:1:118 R02510

CATEGORY: MARKING

Mr. Richard Zupito
Montgomery International, Inc.
341 Erickson Avenue
Box 124
Essington, PA 19029-0124

RE: THE COUNTRY OF ORIGIN MARKING OF A KNOB WITH BLADE FROM CHINA

Dear Mr. Zupito:

This is in response to your letter, dated August 30, 2005, on behalf of your client, Metal Edge International, Inc., requesting a country of origin marking ruling for your imported product. A marked sample was not submitted with your letter for review.

In NYRL I85982, dated September 10, 2002, Customs ruled on a cutter unit comprised of a knob that incorporates a cutter and a plastic track across which the knob slides back and forth. These units are used to cut plastic food service film. The user attaches the cutter unit to the top of a corrugated cardboard box. Food service film is dispensed from the roll inside the box across the plastic track of the unit. The cutting blade cuts the plastic film by being moved from side to side. The cutter units are available in lengths of 350 mm and 505 mm.

Metal Edge International, Inc. is now planning to only import the knob component incorporating the cutter. The plastic track will be made in the United States. The imported knob and the American made plastic track will be assembled in the United States, repacked in bulk, and then shipped to various companies that produce plastic food service film. These companies will then attach the cutter units to boxes of plastic film dispensers that are ultimately sold to the general public and private companies.

In your correspondence you state that the importer is seeking a ruling permitting him to include, in the bulk packaging of the assembled units, a statement that the goods are assembled in the United States. He would include this statement in each bulk package to his customers. You also indicate that the knobs are too small to mark with the country of origin and that this operation would be cost prohibitive.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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.

For the purposes of country of origin marking, the knob with blade is the imported product and must be marked “Made in China.”

Section 134.26, Customs Regulations (19 CFR 134.26) notes the exception to marking items when further processed. Section 134.26(a) provides that if an article subject to country of origin marking is intended to be repacked after its release from Customs custody, or the port director having custody of the article has reason to believe that the article will be repacked after its release, the importer shall certify to the port director that: 1) if the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article; or 2) that if he does not repack the article he will give notice to subsequent purchasers or repackers of their obligations under section 19 USC 1304 and Part 134, Customs Regulations. It is important to note that the procedures set forth at 19 CFR 134.26 apply only to articles which are legally marked at the time of importation. If the articles are not legally marked at the time of importation, the presentation to Customs of the certification and notice to subsequent purchasers or repackers specified in 19 CFR 134.26 will not serve to satisfy the importer’s obligations under 19 USC 1304 and Part 134, Customs Regulations (19 CFR Part 134).

Section 134.43 addresses methods of marking specific articles. Section 134.43(e)(2) specifies that where an article is produced as a result of an assembly operation and the country of origin of such article is determined 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: assembled in (country of final assembly) from components of (name of country or countries of origin of all components).

In the situation that you describe, the knob with the blade was not substantially transformed when combined with the plastic track. Therefore, the knob or the container, if any, in which they are sold, must be marked indicating the origin of the knob to be China.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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