Request for Internal Advice on the Country of Origin Marking Requirements for Telephone Message Books Spiral-Bound in Mexico; 19 U.S.C. 1304; 19 CFR 10.22.

HQ 734643 September 3, 1992 MAR-2-05 CO:R:C:V 734643 ER CATEGORY: MARKING Mr. J. B. Castellano District Director U.S. Customs Service Lincoln Juarez Bridge, Bldg #2 P.O. Box 3130 Laredo, Texas 78044-3130 RE: Request for Internal Advice on the Country of Origin Marking Requirements for Telephone Message Books Spiral-Bound in Mexico; 19 U.S.C. 1304; 19 CFR 10.22. Dear Mr. Castellano: This is in response to your request for internal advice dated April 21, 1992, regarding the marking requirements for telephone message books assembled in Mexico which are entitled to a partial duty exemption under HTSUS subheading 9802.00.80. FACTS: The individual pages, front and back covers of each message book will be American products printed in the U.S. Additionally, these pages and covers will be punched with "spiral holes" in the U.S. The books will be bound in Mexico by inserting a wire spiral through the holes and fastening it at the ends so as to hold the pages and the front and back covers in place. The message books will then be placed in cardboard containers and shipped back to the U.S. No information was submitted as to the country of origin of the wire spiral. You assert that the importer does not intend to claim a partial duty exemption under subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States ("HTSUS"). For purposes of this ruling, we will assume that the telephone books are properly eligible for such treatment. ISSUE: Must telephone message books which are entitled to a partial duty exemption under subheading 9802.00.80 HTSUS, but not actually entered as such, be marked in accordance with section 10.22, Customs Regulation (19 CFR 10.22) to satisfy the country of origin marking requirements? LAW AND ANALYSIS: 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 U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 10.22, Customs Regulations (19 CFR 10.22), states that assembled articles entitled to the duty exemption under subheading 9802.00.80 HTSUS, are considered products of the country of assembly for the purposes of country of origin marking. 19 CFR 10.22 provides a standard for country of origin determinations that applies only to assembled articles that are "entitled" to the partial duty exemption under subheading 9802.00.80 HTSUS. The provision does not state that the assembled article must be entered under HTSUS subheading 9802.00.80 to apply. In addressing this issue, Customs, in HQ 733661 (August 30, 1990), stated: A fundamental rule of statutory construction is that if the language of a statute is clear and unambiguous, it must be held to mean what it plainly expresses. Sutherland Stat Cons sec. 406 (4th Ed). The term "entitled" is defined in Webster's New World Dictionary (2nd college Edition), means "having a right to." In this case, it is asserted that the imported assembled articles have a right to or are eligible for a partial duty exemption under HTSUS subheading 9802.00.80. If, in fact, the imported assembled articles do have such a right or eligibility, the articles are within the ambit of 19 CFR 10.22 and should be marked accordingly. If an imported assembled article is made entirely of American-made materials, the U.S. origin of the material may be disclosed by using a legend such as "Assembled in from material of U.S. origin," or a similar phrase. See HQ 744661 supra. In HQ 731507 (October 17, 1990), the marking "Assembled in from U.S. and Japanese materials" was an appropriate marking under 19 CFR 10.22 for products entitled to the partial duty exemption under HTSUS subheading 9802.00.80 and made out of both U.S. and Japanese components. In the instant case, it is unclear if all of the components of the message books are of U.S origin or whether one (the spiral) or some may be of Mexican or other foreign origin. Depending on the origin of the components, one of the two types of marking legends, described above, is appropriate. Alternatively, the marking "Assembled in Mexico", without more, may be used. HOLDING: Imported telephone message books which are entitled to or eligible for the partial duty exemption under HTSUS subheading 9802.00.80, must be marked in accordance with the provisions set forth in 19 CFR 10.22, regardless of whether or not the goods are actually entered under subheading 9802.00.80 HTSUS. Sincerely, John Durant, Director