NY N016074 - THE COUNTRY OF ORIGIN MARKING OF PHOTOVOLTAIC SOLAR MODULES - United States International Trade Commision Rulings

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NY N016074

August 27, 2007

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

CATEGORY: MARKING

Mr. Robert L. Eklund
Production Manager
Kyocera Solar Inc.
8611 Balboa Avenue
San Diego, CA 92123

RE: THE COUNTRY OF ORIGIN MARKING OF PHOTOVOLTAIC SOLAR MODULES

Dear Mr. Eklund:

This is in response to your letter dated August 20, 2007 requesting a ruling on the country of origin marking for remanufactured (repaired) photovoltaic solar modules.

You explain in your letter that your company, Kyocera Solar Inc., purchases photovoltaic solar modules from Kyocera Solar Inc. in Japan and sells them to the Kyocera Solar Inc. markets. You ask if the solar modules are returned to your company and you contract for repairs with Kyocera Mexicana in Mexico under the Maquiladora Program would “Remanufactured in Mexico” or “Made in Japan and Remanufactured in Mexico” be an acceptable country of origin marking. The originally imported photovoltaic solar modules are manufactured from multicrystal solar cells and aluminum frames from Japan, glass from the United States, and packing material from Japan. The repairs that would be conducted in Mexico would consist of replacement of solar cells and frames, whose origin is Japan, and new packing material from Mexico.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. 1304. Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production or growth of any article of foreign origin entering the U.S. 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 the marking laws and regulations.

For country of origin marking purposes, a substantial transformation of an imported article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the imported article. If the manufacturing or combining process is a minor one which leaves the identity of the imported article intact, a substantial transformation has not occurred and an appropriate marking must appear on the imported article so that the consumer will know the country of origin.

In your letter, you asked if “Remanufactured in Mexico” or Made in Japan and Remanufactured in Mexico” would be an acceptable country of origin marking. This office finds that the replacement of solar cells and frames in Mexico does not result in a substantial transformation because the replacement of worn parts does not change the name, character, identity, or use of the photovoltaic solar modules as originally imported. Pursuant to 19 CFR 134.1(b), the country of origin of the repaired photovoltaic solar modules will be Japan. As such, the acceptable country of origin marking for the repaired photovoltaic solar modules will be “Made in Japan.”

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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