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NY 886917

June 14, 1993

MAR-2-05:S:N:N3:115 886917


Mr. Troy E. Clarke
CBT International, Inc.
110 West Ocean Blvd.
Suite 1003
Long Beach, CA 90802

RE: The country of origin marking requirements for a steel bladed, wood handle chisel from China.

Dear Mr. Clarke:

In your letter dated May 26, 1993, you requested a ruling on the country of origin marking requirements for a steel bladed, wood handle chisel, on behalf of Olympia Tools, Azusa, CA.

The subject article is a steel bladed, wood handle chisel used in the woodworking industry. In its imported condition, only the steel chisel blade is at issue. The steel blades are imported in bulk packed cartons. The cartons are clearly marked "Made in China". After importation, the steel chisel blades are assembled with wooden handles. The wooden handles are made in the United States from U.S. origin raw materials. After a cleaning and polishing operation is completed, the finished chisel is attached to a printed card and blister packed for retail sale.

In 1/4 inch block letters with black ink on a white background printed card, the following marking is proposed:

Steel blade made in China
Wooden handle made in U.S.A.
Assembled in U.S.A.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

In this case, the mere assembly of the blade to the handle does not result in a substantial transformation of the chisel blade into a new and different article of commerce having a different name, character and use. Therefore, the assembler is not considered to be the ultimate purchaser of the blade and there can be no waiver of the country of origin marking requirements. Your proposed method of marking meets all of the requirements of the marking statute and is acceptable. If the blister card also indicates a U.S. address or U.S. geographical locality, your proposed method of marking must be in close proximity to the U.S. locality.

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.


Jean F. Maguire
Area Director

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