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NY A83040

May 24, 1996

MAR-2-94:RR:NC:GI: 227 A83040


Ms. Viola M. Koch

SpinShades Corporation

2674 E. Main Street, Suite C140

Ventura, CA 93003

RE: The country of origin marking of electric candle lamps.

Dear Ms. Koch:

This is in response to your letter dated April 22, 1996, requesting a ruling on whether the proposed marking "Made in the USA" is an acceptable country of origin marking for imported electric candle lamps. A marked sample was not submitted with your letter for review.

The merchandise at issue are electric candle lamps that feature paper lamp shades of various festive-like patterns, known as "Spin Shades," which revolve due to the heat rising from the bulb of the electric candle. It is stated that the electric candle lamp is manufactured in and imported from China, while these paper shades are produced in the United States and thereon assembled and packaged with the candle lamps after importation. Since it is claimed that the paper shades impart the essential feature to this product, you state that the completed lamp should be properly marked "Made in the USA."

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ยง1304), 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 this instance, the electric candle lamps should be properly marked "Made in China" in accordance with the above regulation since the subsequent assembly of the U.S. shade, regardless of its uniqueness, does not substantially transform the imported lamp, produced in China, into a new article of commerce.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 George Kalkines at 212-466-5794.


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