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NY N024981

March 20, 2008

MAR-2 OT:RR:E:NC:N1:118


Mr. Timothy Peat
True Value Company
8600 W. Bryn Mawr Avenue
Chicago, IL 60631


Dear Mr. Peat:

This is in response to your letter dated March 19, 2008 requesting a ruling on whether the proposed marking "Made in China" is an acceptable country of origin marking for imported screwdrivers. A marked sample was not submitted with your letter for review.

The blade of the screwdriver is produced in Taiwan. The blade is shipped to China to be assembled with a handle that is manufactured in China. The finished screwdriver is then packaged in China for export.

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. The marking will be 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. In general, as provided at 19 CFR 134.1, the country of origin of an article is the country in which it was manufactured, produced, or grown. Additional processing or manufacture in another country must effect a substantial transformation in order to render such other country the country of origin. A substantial transformation is said to occur if processing or manufacture imparts a new name, character, or use to the imported article.

Applying these principles to the instant request, the screwdrivers which are manufactured in Taiwan, do not become an article with a new name, character, or use because of the attachment of the handles in China. For purposes of country of origin marking, the country of origin of the finished screwdrivers is Taiwan.

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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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