COUNTRY OF ORIGIN MARKING OF IMPORTED MOUSE PAD KITS; ARTICLE 509

NY G89386 April 25, 2001 MAR-2 RR:NC:SP:221 G89386 CATEGORY: MARKING Mr. Michael A. Capuzzi 25 South Washington Suite 104 Naperville, IL 60540 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MOUSE PAD KITS; ARTICLE 509 Dear Mr. Capuzzi: This is in response to your letter dated March 27, 2001, on behalf of General Binding Corporation, requesting a ruling on country of origin marking. A marked sample was not submitted with your letter for review. The product is described as a mouse pad kit. The kit is sold at retail, and contains all of the components needed to create 25 custom mouse pads. The kit contains 25 squares of foamed rubber sheet, 25 plastic film laminating pouches, a sheet of self-adhesive plastic triangles, an instruction sheet, and a cardboard frame “mousetrap.” The consumer laminates the document or photo of his choice inside the laminating pouch and uses the adhesive triangles to remove the carrier sheet from the back of the laminated picture. He then removes the adhesive liner from the rubber sheet, lines up the rubber sheet inside the cut-out portion of the cardboard frame, lines up the laminating pouch inside the guide lines printed on the cardboard frame, and applies pressure to secure the laminating pouch and rubber sheet. The laminating film pouch and the adhesive triangles are manufactured in Korea. The instruction sheet, cardboard frame “mousetrap,” and rubber mouse pad sheets are manufactured in the United States. The mouse pad material enters Mexico in rolls, approximately 11 inches in width. In Mexico the sheet is cut into rectangles measuring approximately 8 inches by 11 inches. This processing does not result in a tariff shift. The other components, including the Korean origin pouches and triangles, are not subjected to any processing other than packaging. The cut sheet and the other components are packaged together in Mexico to form a kit and are then imported into the United States. You suggest marking the retail box to indicate the country of origin of only the Korean manufactured pouches and adhesive triangles. 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.1(b) of the regulations, defines "country of origin" as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. Part 102 of the regulations sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations sets forth the required hierarchy for determining country of origin for marking purposes. Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported mouse pad set is a good of Korea and the United States for marking purposes. Since articles of U.S. origin need not be marked with the country of origin, your proposed marking to indicate the origin of the Korean components is acceptable country of origin marking. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 Joan Mazzola at (212) 637-7034. Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division