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HQ 563266

July 27, 2005

MAR-05 RR:CR:SM 563266 KKV


Lawrence M. Friedman, Esq.
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, IL 60601

RE: Country of origin marking requirements applicable to imported refrigerators assembled in Mexico; 19 CFR 134.43(e)

Dear Mr. Friedman:

This is in response to your letter dated April 18, 2005, on behalf of Electrolux Home Products, Inc. (“Electrolux”), that requests a binding ruling regarding the country of origin marking requirements applicable to certain refrigerators assembled in Mexico.


The merchandise at issue consists of complete top-mount and bottom-mount refrigerator-freezers, as well as complete side-by-side refrigerator-freezers. Electrolux will produce the refrigerators in a complex operation which, in addition to the assembly of components, also includes the fabrication of metal components, the installation of foam insulation materials and painting operations.

You inquire whether the proposed markings, “Made in Mexico,” “Product of Mexico” or “Assembled in Mexico” are acceptable for purposes of 19 U.S.C. 1304.

For purposes of this ruling, we are asked to assume that the refrigerator-freezers are an originating good for purposes of the North American Free Trade Agreement (NAFTA) and have been determined to be a product of Mexico for marking purposes under the NAFTA Marking Rules set forth at 19 CFR Part 102.


Whether the proposed country of origin marking is acceptable for purposes of 19 U.S.C. 1304 and 19 CFR Part 134.


Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the United States 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 United States the English name of the country of origin of the article. By enacting 19 U.S.C. 1304, Congress intended to ensure that the ultimate purchaser would be able to know by inspecting the marking on the imported goods the country of which the goods are the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will. United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 C.A.D. 104 (1940).

Assuming the articles are determined to be a product of Mexico under 19 CFR Part 102, with regard to the proposed marking statements, section 134.43(e), Customs Regulations (19 CFR 134.43(e)), provides, in pertinent part that:

Where an article is produced as a result of an assembly operation and the country of origin of such article is determined under this chapter to be the country in which the article was finally assembled, such article may be marked, as appropriate, in a manner such as the following:

(1) Assembled in (country of final assembly);

(2) Assembled in (country of final assembly) from components of (name of country or countries of origin of all components); or

(3) Made in, or product of, (country of final assembly).

Based on the information accompanying your letter, the operations involved in manufacturing the merchandise include assembly operations, such that the merchandise may be deemed to be produced as a result of assembly operations. Therefore, the finished refrigerator-freezers may be marked “Made in Mexico,” “Product of Mexico” or “Assembled in Mexico. HOLDING:

Refrigerators manufactured in Mexico as a result of assembly operations and determined to be a product of Mexico under 19 CFR Part 102 may be marked “Made in Mexico,” “Product of Mexico” or “Assembled in Mexico.”

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer.


Monika R. Brenner

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