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NY C88592

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June 12, 1998

MAR-2 RR:NC:N1:113 C88592

CATEGORY: MARKING

Ms. Julia Ertler
Freight Brokers International Chicago
873 North Route 83
Bensenville, IL 60106

RE: Country of origin marking of imported heating element

Dear Ms. Ertler:

This is in response to your letter dated May 28, 1998, on behalf of SJH, Inc. requesting a ruling on whether imported heating elements are required to be individually marked with the country of origin if it is later to be processed in the U.S. by a U.S. manufacturer. A marked sample was submitted with your letter for review.

The merchandise is a heating element consisting of a heating resistor and a base containing its electrical connectors. It is 6 1/2 inches long, and the resistor is bent into a "U" shape. The element is made in China, but is not marked with this country of origin. However, one plastic piece in the base is made in Taiwan, and bears the legend "Made in Taiwan." This marking is conspicuously located on the bottom of the item, and gives the false impression that the entire element is made in Taiwan. 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.

19 CFR 11.13 prohibits the importation of falsely marked articles.

False designations of origin and false descriptions; false marking of articles of gold or silver.

(a) Articles which bear, or the containers which bear, false designations of origin, or false descriptions or representations, including words or other symbols tending falsely to describe or represent the articles, are prohibited importation under 15 U.S.C. 294, 295, 296, 1124, 1125 or 48 U.S.C. 1405q, and shall be detained.

Furthermore, 19 CFR 134.46 directs the marking of articles when the name of a country or locality other than the country of origin appears.

In any case in which the words ``United States,'' or ``American,'' the letters ``U.S.A.,'' any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by ``Made in,'' ``Product of,'' or other words of similar meaning.

Therefore, the item must be marked with the country of origin, China, in a manner sufficient to indicate to an ultimate purchaser that the entire item is the product of that country, in close proximity to the misleading marking. Since you did not provide any information regarding the manufacturing processes nor circumstances of importation, we cannot advise you directly on acceptable methods of marking. We suggest you contact the commodity team at your local port of entry for advice. 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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Director

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