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NY N004252





December 18, 2006

MAR-2 RR:E:NC:1:109

CATEGORY: MARKING

Ms. Barbara Ann Shoop
Customer Service Manager
Tamura Corporation of America
43352 Business Park Drive
Temecula, CA 92590

RE: The country of origin for marking purposes of transformers

Dear Ms. Shoop:

This is in response to your letter dated December 8, 2006 requesting a ruling on the acceptable country of origin marking transformers that have been assembled with electronic components, which are made in various countries, such as Singapore, Malaysia, America, Japan, Korea. Your letter states that these electronic components are acquired in Malaysia and the labor to assemble them into transformers is performed in Myanmar (Burma).

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 United States 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.

Based on your explanation that the electronic components are assembled together in Myanmar (Burma) to create a transformer, the country of origin of the transformers is Myanmar (Burma).

On July 28, 2003, the President signed Executive Order 13310, published in the Federal Register on July 30, 2003 (68 Fed. Reg. 44853). The order provides that effective August 29, 2003 (30 days after the effective date of the order), the importation into the United States of any article that is a product of Burma is prohibited. An exception exists for Burmese products provided for in regulations, orders, directives, or licenses that may be issued pursuant to the order, and "to the extent that prohibiting the importation of such articles would conflict with the international obligations of the United States under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, the United Nations Headquarters Agreement, and other legal instruments providing equivalent privileges and immunities."

If you have additional questions concerning the U.S. economic sanctions programs, which are administered by the Office of Foreign Assets Control (OFAC), you can visit their Website at www.treas.gov/ofac or call their office at (202) 622-2480.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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