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NY 800495

August 17, 1994

CLA-2-90:S:N:N3:119 800495


TARIFF NO.: 9018.90.6000

Ms. Winny Chow
E & M Engineering, Inc.
P.O. Box 11349
Richmond, VA 23230

RE: Country of origin marking of electro-surgical pencils from China

Dear Ms. Chow

In your letter dated June 20, 1994, you requested a ruling on the country or origin marking of electro-surgical pencils from China.

The articles are used for cutting and coagulating in surgical procedures. They will be imported in bulk in shipping cartons marked made in China. They will be repacked in sealed individual containers and sterilized prior to being sold to hospitals or doctors. You inquire as to whether the surgical pencils have to be individually marked prior to importation.

The marking regulations require that 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 container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article.

In addition, Section 134.43(a) of the Customs Regulations requires that certain articles such as surgical instruments be marked by means of die stamping, cast-in-mold lettering, etching, engraving, or by affixing metal plates to the article. However these requirements have been construed to be subject to the general exceptions from individual country of origin marking provided in Section 134.32(d) of the Customs Regulations which permits an article to be excepted from marking if the marking of its container will reasonably indicate its country of origin.

Since the merchandise is to be repacked in individual containers after importation, the certification procedures of Section 134.26 of the Customs Regulations will have to be followed. A request for a waiver of the marking on the imported article should be submitted to the Import Specialist at the port through which you plan to import the merchandise. A sample of the marking to be used on the individual containers should also be submitted at the port for approval.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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

The sample is being returned as requested.


Jean F. Maguire
Area Director

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