THE COUNTRY OF ORIGIN MARKING OF FIREARM MAGAZINE PARTS

N072276 September 10, 2009 MAR-2 OT:RR:NC:2:235 CATEGORY: MARKING Mr. Chet Alvord Tactical Solutions 2181 Commerce Ave. Boise, ID 83705 RE: THE COUNTRY OF ORIGIN MARKING OF FIREARM MAGAZINE PARTS Dear Mr. Alvord: This is in response to your letter dated August 17, 2009, requesting a ruling on the country of origin marking for imported firearm magazine components, which will be assembled into a finished magazine in the United States. A marked sample was not submitted with your letter for review. You state that the magazine will be assembled in the United States from all foreign components. The sample which you provided consists of four internal parts including a plastic frame, metal spring and three other small plastic parts. The frame itself consists of a right and left hand body, with embedded threaded metal nuts for the six screws. There are six hex screws which hold the magazine together. We were able to assemble and disassemble the magazine quickly with very little effort. You provided a cost breakdown of the parts and labor upon request from our office. The cost of assembly performed in the United States appears to be minimal. The main value of the product is from the frame body, which you indicate will be imported from Taiwan. Your initial ruling request letter inquired about the appropriate marking for the frame body assembly when imported into the United States, and the level of permanence required for that marking. You also inquired about the marking requirement on the finished product which will be assembled in the United States. The Code of Federal Regulations provides the following guidelines which are pertinent to your issue: “Country of origin” means 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.” 1) If an imported article will be used in manufacture, the manufacturer may be the “ultimate purchaser” if he subjects the imported article to a process which results in a substantial transformation of the article. 2) If the manufacturing process is merely a minor one which leaves the identity of the imported article intact, the consumer or user of the article, who obtains the article after the processing, will be regarded as the “ultimate purchaser.” Based on the cited regulations we do not believe the imported parts have been subjected to a substantial transformation based on assembly operations performed in the United States. The imported magazine assembly frame should therefore be marked with the foreign country of origin as per the following regulations. 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. 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. Regarding your other question concerning the marking of the finished product which is to be assembled at your facility, we suggest you contact the Federal Trade Commission, at 600 Pennsylvania Avenue, NW., Washington, D.C. 20580, to determine appropriate marking in accordance with various labeling laws administered by that agency. We also suggest reading the “Facts for Business” section at www.ftc.gov website, which provides information about marking and contact information which based on your request letter will provide the additional information which you are seeking. Another resource you may find useful is located on the Customs and Border Protection website under the resources tab in the blue links on that webpage at the following link. http://www.cbp.gov/xp/cgov/trade/ 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division