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NY 808423

April 11, 1995
MAR-2 S:N:N1: 112 808423


Mr. Richard Miller
Recoton Corporation
2950 Lake Emma Road
Lake Mary, Florida 32746


Dear Mr. Miller:

This is in response to your letter dated March 31, 1995 requesting a ruling on the country of origin marking requirements for imported battery packs which are assembled in China from either foreign or U.S. components. An unmarked sample was submitted with your letter for review.

The submitted sample consists of a rectangular plastic housing containing six (6) nickel-cadmium batteries which are wired together and connected to external contact plates. The batteries (cells) are of either foreign or U.S. origin and are shipped to China for assembly into the packs.

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.

In the part of your request which deals with the marking requirements for the battery packs which are assembled using foreign cells, you cite Headquarters Ruling 734393. This decision held that since battery cells are not substantially transformed when assembled into battery packs, the country of origin of the packs is considered to be the country of origin of the battery cells. We concur that this ruling is applicable in the instant situation. Therefore, for purposes of the country of origin marking requirements of 19 U.S.C. 1304, battery packs assembled with cells of foreign origin must be marked with the country of origin of the cells. Using the example you have provided, acceptable marking for cells from Japan would be "Made in Japan", or "Cells made in Japan, Assembled in China".

Pursuant to section 10.22 of the Customs Regulations (19 CFR 10.22), articles assembled abroad and entitled to an exemption from duty under subheading 9802.00.80, HTSUS, are considered products of the country of assembly for the purposes of the country of origin marking requirements of 19 U.S.C. 1304.

For purposes of the country of origin marking requirements of 19 U.S.C. 1304, the imported battery packs containing cells of U.S. origin must be marked to indicate that the country of origin of the battery packs is the country of assembly. As also noted in Headquarters Ruling 734393, the country of assembly will be considered the country of origin if the battery cells are of U.S. origin and the assembled packs are eligible for duty treatment under subheading 9802.00.80, HTSUS. Thus, battery packs assembled in China with U.S. origin cells must be marked "Assembled in China", without reference to the origin of the cells.

As noted in your request, battery packs are usually imported in bulk and repackaged by Recoton. This is an acceptable procedure provided the requirements of Part 134.26, Customs Regulations, are complied with.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire

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