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February 19, 1999

MAR-2 RR:NC:1:112 D87885


Mr. S. Marks
General Microwave Corporation
5500 New Horizons Blvd.
Amityville, NY 11701


Dear Mr. Marks:

This is in response to your letter dated February 9, 1999 requesting a ruling on the country of origin marking requirements for imported digitally tuned oscillators which are assembled from U.S. components in Israel . A marked sample was not submitted with your letter for review.

As indicated in your submission, ninety-two percent of the components of these oscillators are products of the United States which are sent to Israel for assembly into an essentially complete oscillator. The remaining eight percent of the components are of Israeli origin. In a telephone conversation with the National Import Specialist, Mr. Howard Cohen of your office confirmed that the operation performed in Israel consists of a joining of numerous components to form the end product.

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.

The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part.”

In this case, it is our opinion that the assembly process does result in a substantial transformation. Accordingly, as set forth in 19 CFR 134.43(e), the oscillators should be marked “Assembled in Israel”, or, in the alternative, either “Assembled in Israel from components of the United States” or “Made in Israel”.

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 David Curran at 212-637-7049.


Robert B. Swierupski

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