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NY N023173

March 3, 2008

MAR-2 OT:RR:NC:N1:108


Mr. Jack D. Mlawski
Galvin & Mlawski
470 Park Avenue South
Suite 200 – South Tower
New York, NY 10016-6819


Dear Mr. Mlawski:

This is in response to your letter dated February 7, 2008, on behalf of JVC Americas Corp., requesting a ruling on whether the proposed marking "Tape Made in Japan, Assembled in China" is an acceptable country of origin marking for imported cassette tapes. A marked sample was not submitted with your letter for review.

The blank mini DV cassette tapes are made from tapes manufactured in Japan and from various Chinese components, all of which are assembled into mini DV cassette tapes in China. It has been determined that a substantial transformation has occurred in China, thereby making China the country of origin of the mini DV cassette tapes.

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.

Section 134.43 (e), Customs Regulations (19 CFR 134.43 (e)), requires 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).

Furthermore, as a result of 19 CFR 134.43 (e), Customs has determined that the terms "Made in," “Product of,” and "Assembled in" are words of similar meaning and that it is not acceptable to use "Made in," "Product of," or words of similar meaning, along with the words "Assembled in" in a single country of origin statement on articles of foreign origin imported into the United States.

Thus, the proposed marking of the imported cassette tapes, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported media.

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 Lisa Cariello at 646-733-3014.


Robert B. Swierupski

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