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NY L89954

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February 14, 2006

MAR-2 RR:NC:1:112 L89954

CATEGORY: MARKING

Raymond Heroux
Heroxx Logistix, Inc.
580 Laverendrye Drive
Ottawa, Ontario K1J 7B8
CANADA

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED PATCH CORD ASSEMBLIES

Dear Mr. Heroux:

This is in response to your letter, dated January 9, 2006, requesting a ruling on the country of origin marking requirements for imported Patch Cord Assemblies which are assembled from U.S. components in Mexico and China.

The items concerned are spools, or rolls, of insulated communication cable which are exported from the United States to Mexico or China, where the cable is cut-to-length, has connectors or plugs attached to its ends, is tested for conductivity and individually bagged as Patch Cord Assemblies. The Assemblies are then shipped back to the United States.

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.

The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part. For tariff purposes, the courts have held that a substantial transformation occurs if a new and different article emerges having a distinctive name, character or use. AnheuserBusch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).

In this case, the assembly process does not result in a substantial transformation. The assembled Patch Cord Assemblies do not have a distinctive name, character or use different from the unassembled insulated telecommunication cable and, therefore, 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.

If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. 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.

Any questions regarding a marking of “Made in Canada” would have to be referred to the Canada Border Services Agency (CBSA).

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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