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NY N009790

April 27, 2007

MAR-2 RR: NC: 1:114


Mr. Robert Doyle
Affiliated Customs Limited
411 des Recollets
Montreal, Quebec H2Y 1W3


Dear Mr. Doyle:

This is in response to your letter dated April 13, 2007, on behalf of Pyrophotonics Laser Inc., requesting a ruling on the country of origin marking for imported PyroFlex 1 Series, Pulsed Fiber Lasers. A marked sample was not submitted with your letter for review, nor did you propose a method of marking for the lasers.

The PhyroFlex 1 Series, Pulsed Fiber Lasers, has not been adapted to perform specific functions nor does it include any ancillary equipment consisting of special devices (e.g.: work-tables, work-holders, means of feeding and positioning work pieces, means of observing and checking the progress of operation). The laser will be used in various applications. The laser system is based on an architecture where optical pulses are internally generated in the infrared wavelength range. A frequency doubling unit, incorporated in the product, uses a nonlinear crystal for second harmonic generation. The frequency doubling wavelength is in the visible range and is the wavelength of the output optical beam of the system. The laser uses this visible output beam when it conducts industrial precision micro-processing applications, such as memory repair, and wafer processing via drilling.

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.

As provided in section, 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Marking the imported PyroFlex 1 Series, Pulsed Fiber Lasers, as described above would be considered conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.

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 Barbara Kiefer at 646-733-3019.


Robert B. Swierupski

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