THE COUNTRY OF ORIGIN MARKING OF ASSORTED COMPONENTS

N035635 September 8, 2008 MAR-2 OT:RR:NC:1:110 CATEGORY: MARKING Mr. John McCullough Hubbell Inc. 185 Plains Rd. P.O. Box 3997 Milford, CT 06461 RE: THE COUNTRY OF ORIGIN MARKING OF ASSORTED COMPONENTS Dear Mr. McCullough: This is in response to your letter dated August 13, 2008, requesting a ruling on whether the proposed marking “Made in China by Hubbell” is an acceptable country of origin marking for various components. In addition, you inquired whether the proposed method of marking the container of the imported goods in lieu of marking the articles themselves is an acceptable country of origin marking. Several marked samples were submitted with your letter for review and will be returned to you. This request will address five representative samples of marking methods from the samples you provided. Part Numbers 1XC03 and CR15AL (15 Amp Duplex Receptacles), NHC1012 (Male Cord Connector), 515P (15 Amp Plug) and 02201001 (Double Eye Support Grip). Part Numbers 1XC03 and CR15Al are boxes containing 10 duplex receptacles rated for 15 Amps at 125 Volts. The boxes containing the receptacles are labeled “Made in China by Hubbell” in a clear legible font on the product description label. The individual receptacles for 1XC03 are brown devices each marked “China” on the back of the receptacle. The individual receptacles for CR15Al are almond in color and feature no country of origin on the devices. Part Number NHC1012 is a ? inch 90º liquid-tight cord strain relief compression connector constructed of aluminum. This device has no country of origin marking. It is packaged individually in a clear plastic bag with a label affixed indicating the catalog number, connector size and type, and marked “Made in China by Hubbell.” Part Number 515P is a three prong polarized male plug. This device is marked “Made in China” and is packaged individually in a clear plastic bag with a label affixed indicating the catalog number, type of device, electrical specifications, and marked “Made in China by Hubbell.” Part Number 02201001 is a Double Eye Support Grip identified as the Genuine Kellems Grip®. The item is a cable strain relief support grip designed to hold the weight of vertical or sloping cable runs, relieving the tension on the point of connection. This product has a durable label affixed around one of the wires indicating the catalog number and country of origin, “Made in China.” You provided stick on labels for this item measuring approximately 3 by 4 inches, indicating the catalog number, type and size of the device, and marked “Made in China by Hubbell.” From the information you provided, the Genuine Kellems Grip® will be packaged in quantities of 200 with the 3 by 4 label affixed to the outside of the container. 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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser is the consumer who purchases the product at retail. Regarding your proposed marking “Made in China by Hubbell”, 19 CFR 134.47 pertains to articles marked with a trademark or trade name. The Hubbell trade name added to the “Made in China” is not confusing with any location in the United States or foreign locality. Therefore, the proposed marking “Made in China by Hubbell” is acceptable if it is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Regarding the proposed marking methods, an article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the merchandise by viewing the container in which it is packaged, the individual articles would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the plastic bags in which the NHC1012 (Male Cord Connector), 515P (15 Amp Plug) are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the import of these two articles provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. Part Number 02201001, the Double Eye Support Grip are all individually marked with labels indicating the country of origin before they are packaged in bundles of 200. Part Number 1XC03 is a container of 10 duplex receptacles all individually marked with the country of origin. Part Number CR15AL consists of a container of 10 duplex receptacles that may be purchased separately and must be individually marked with the country of origin to permit the ultimate consumer to clearly identify the country of origin of each receptacle. 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. 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division