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NY R00363

May 27, 2004

MAR-2 RR:NC:1:110 R00363


Ms. Kelly Studer
Ricoh Corporation
Five Dedrick Place
West Caldwell, NJ 07006


Dear Ms. Studer:

This is in response to your letter dated May 11, 2004 requesting a ruling on acceptable marking for a maintenance kit composed of imported items which are repackaged in the U.S. after importation from Japan. A marked sample container was not submitted with your letter for review.

The items under consideration are twenty items imported individually from Japan. These items will be packaged together in the U.S. in order to construct a parts maintenance kit for Ricoh’s Aficio Color 6010 and 6110 Digital Color Copier/Printer/Scanner. The Aficio Color 6010 and 6110 were classified as multifunctional machines under subheading 8471.60.5100 in NY E80642, dated April 19, 1999. The items imported for this maintenance kit vary from cleaning items to replacement parts used in periodic maintenance in order to maintain product efficiency. As stated by you in a teleconference on May 20, 2004, each item is imported into the U.S. marked with its country of origin, Japan. These kits are sold to dealers that perform required maintenance or are used by company maintenance technicians.

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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. Part 134.26 (a), Customs Regulations (19 CFR 134.26), implemented the certification requirements for imported articles intended to be repacked after release from Customs custody. This part required the importer to certify to the port director that:

(1) If the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this part; or (2) if the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements.

Packing these finished articles together does not substantially transform them. Each article retains the same name, character and use. In this particular instance, we believe that the individual items imported into the U.S. are products of Japan and that the incorporation of these components into a maintenance kit does not constitute a change in country of origin. Therefore, the country of origin of the items in the maintenance kit is Japan. The repackaged kit should be marked accordingly.

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 Eileen S. Kaplan at 646-733-3016.


Robert B. Swierupski

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