THE COUNTRY OF ORIGIN MARKING OF ACCESSORY KITS FOR SPLICE VAULT PRODUCTS

N055044 April 2, 2009 MAR-2 OT:RR:NC:SP:221 CATEGORY: MARKING Mr. Mark Brandt Telect, Inc. 1730 N. Madison Street Liberty Lake, WA 99019 RE: THE COUNTRY OF ORIGIN MARKING OF ACCESSORY KITS FOR SPLICE VAULT PRODUCTS Dear Mr. Brandt: This is in response to your letter dated March 12, 2009, requesting a ruling on whether certain accessory kits for your splice vault product line can be imported as assemblies and labeled “Assembled in Mexico.” Samples of three kits were included with your request. Telect KIT-ASVHS is identified as a splice cassette for an advanced splice vault. Telect KIT-BKOT24 is identified as a breakout kit for a 24 fiber connection in a splice vault. Telect KIT-CLMP12 is identified as a cable clamp. You suggest classification in subheading 8517.70.0000 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of apparatus for transmission or reception of voice, images or other data, including switching and routing apparatus. KIT-ASVHS is used to separate, protect and route individual strands of fiber optic cable. KIT-CLMP12 is used to provide weatherproof entry for cable to enter a cabinet or splice vault in an outdoor or otherwise uncontrolled environment. KIT-BKOT24 is used to provide a gateway for a 24 strand fiber cable to enter a vault from an external source. These kits are not considered to be parts of networking equipment because their use is not limited to use with transmission or reception apparatus of heading 8517, specifically networking equipment. Each kit can have numerous applications in various types of systems where a cable needs to be routed into individual strands or for a cable connection that requires strain relief. Since the kits are not solely for use with apparatus for transmission or reception they are not considered parts within the context of heading 8517. KIT-CLMP12 (Tracking #2038589) consists of two multi-piece cable clamps packaged in a clear plastic packaging bag with an integral extruded closure to secure the bag. The clamps function as mounting brackets to secure cable, e.g. onto an equipment rack, splice vault or cabinet. Each clamp consists of two interior curved pieces that surround and protect the cable, two rigid shells with flat exteriors and semicircular interiors to fit around the curved cable protectors, and two metal screws to be inserted through channels in the rigid shells and then screwed into the rack, cabinet or other surface onto which the cable will be mounted. The main component of the clamp is the curved interior piece, Telect Part #126069, which has a multi-layered construction that may be peeled like an onion to provide a custom fit to the cable. This piece is manufactured in Sweden. The black exterior shells are manufactured in the United States. The screws are manufactured in China, Taiwan, India or the United States. The components will be packaged in Mexico. The applicable subheading for the unassembled cable clamps, KIT-CLMP12, will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. 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. Marking of the country of origin on the sealed plastic bag in which the unassembled mounting clamps, KIT-CLMP12, are imported would satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. However, the bag must be marked to show country of origin Sweden for the clamp components. No further work or material was added to the clamp components that would substantially transform the product so as to render Mexico as the country of origin within the meaning of this part. The exterior shells are manufactured in the United States and do not need to be marked with their country of origin. The screws account for less than one percent of the cost of the kit. Since their cost is de minimis in comparison to the other components of the unassembled clamp kit, the screws do not have to be marked to indicate their country of origin. You have not provided enough information for us to rule on the country of origin of the remaining two kits, Telect KIT-ASVHS (Tracking #2107651) and Telect KIT-BKOT24 (Tracking #1880805). We are returning samples of all three products with all of the exhibits and descriptive literature. Please provide the information described below: Please resubmit as two separate ruling requests, one covering KIT-ASVHS and one covering KIT-BKOT24. Provide a sample of each kit in the exact condition in which it will be imported into the United States. Please put a label on each component in each kit that corresponds to the item number indicated in your component listing/breakdown for the kit. Some of the submitted components are labeled with numbers that do not correspond to the item numbers in your component listings. Some components of KIT-ASVHS and KIT-BKOT24 are identified as having a country of origin of Canada, some as having a country of origin of Mexico, some as having a country of origin of U.S.A., some as having a country of origin of Taiwan, and some as having a country of origin of China. Please clarify how the components from these different countries are shipped into Mexico. Is each component shipped into Mexico separately, or are some shipped as assemblies, partial assemblies, kits or partial kits? If shipped into Mexico as assemblies, partial assemblies, kits, or partial kits, then, in addition to submitting a sample of the full kit as requested above, submit as well a sample of each kit, partial kit, assembly or partial assembly in its condition as imported into Mexico. After the kits are imported from Mexico into the United States, are any other components added to any of the kits? If so, provide full details and samples of the components that are added after importation. State the material composition for each component in each kit. If a component contains more than one material or one metal, provide a breakdown for the materials or metals by weight in the component. Provide an explanation of the function of each imported component and how it interacts with each other component in the kit. Provide a written description explaining how each component operates. Please indicate what each item mounts to (for example, a wall, furniture, etc.). If you decide to resubmit requests for rulings on KIT-ASVHS and KIT-BKOT24, please include all of the material that we have returned to you and mail your requests to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 on the unassembled clamps, KIT-CLMP12, contact National Import Specialist Joan Mazzola at (646) 733-3023. If you have any questions regarding the information needed for KIT-ASVHS or KIT-BKOT24, contact National Import Specialist Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division