COUNTRY OF ORIGIN MARKING OF SLEDGEHAMMERS IMPORTED FROM INDIA AND ASSEMBLED IN THE UNITED STATES.

N006139 February 2, 2007 MAR-2 RR:E:NC:N1:118 CATEGORY: MARKING Ms. Michelle D. Benyock Supervisor UPS Supply Chain Solutions Cargo Bldg. F, Suite 1300 Air Cargo Drive P.O. Box 8762 Baltimore, MD 21240 RE: COUNTRY OF ORIGIN MARKING OF SLEDGEHAMMERS IMPORTED FROM INDIA AND ASSEMBLED IN THE UNITED STATES. Dear Ms. Benyock: This is in response to your letter dated January 30, 2007, on behalf of Ames True Temper, requesting a ruling on the country of origin marking requirements for imported sledgehammers which are assembled in the United States (U.S.) with U.S. made wooden handles. A marked sample was not submitted with your letter for review. You have stated that the sledgehammer heads are made in and imported from India. The sledgehammer heads will have a die stamped marking “India” which will remain visible after it is assembled in the U.S. with a U.S. made wooden handle. You have inquired as to whether a label that indicates product information along with the words “Assembled From Foreign and Domestic Components” was acceptable. 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. The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. 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 the meaning of this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin." For tariff purposes, the courts have held that a substantial transformation occurs if a new and different article emerges having a distinctive name, character or use. AnheuserBusch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982). In this case, the assembly process does not result in a substantial transformation. The assembled sledgehammer does not have a distinctive name, character or use different from the unassembled sledgehammer head, and therefore is a good of India. Customs and Border Protection (CBP) has established that the phrase "Assembled in" is synonymous with "Made in" or "Product of" as an indicator of origin for goods produced as a result of an assembly operation and the country of origin of the article is determined to be the country of assembly. In this situation, the country of origin is not the country of assembly. Accordingly, your suggested use of the words “Assembled From Foreign and Domestic Components” is unacceptable. Any label that is attached to the handle with any reference to the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning pursuant to Section 134.46, Customs Regulations (19 CFR 134.46). 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division