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NY N011114




May 23, 2007

MAR-2 RR:E:NC:N1:109

CATEGORY: MARKING

Ms. Patricia A. Powers
Global Compliance Manager
Agere Systems
1110 American Parkway NE, Room 10A-271C
Allentown, PA 18109

RE: THE COUNTRY OF ORIGIN MARKING OF AN INTEGRATED CIRCUIT (QLOGIC™)

Dear Ms. Powers:

This is in response to your letter dated May 9, 2007 requesting a ruling on the proper country of origin marking of an integrated circuit (QLOGIC™). You furnished a photograph of the QLOGIC™ with the proposed country of origin.

The submitted photograph consists of a QLOGIC™ integrated circuit bearing the stamping of various identification codes and the word “Korea.” Your letter asks if the word “Korea” is acceptable for the purpose of country of origin marking or if the prefix “South” or “S.” is required.

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.

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.

The photograph submitted of the QLOGIC™ integrated circuit reveals that it is conspicuously, legibly and permanently marked with the word “Korea.” The word “Korea”, without the prefix “South” or “S.”, is an acceptable country of origin marking. As such, the proposed marking “Korea” satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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