COUNTRY OF ORIGIN MARKING OF IMPORTED MICROTOMES

N101417 April 28, 2010 MAR-2 OT:RR:NC:N4:405 CATEGORY: MARKING Ms. Tammy McCray Sakura Finetek USA, Inc.1750 West 214th Street Torrance, CA 90501 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MICROTOMES Dear Ms. McCray: This is in response to your letter dated April 14, 2010, requesting a ruling on whether the proposed marking “Made in China” is an acceptable country of origin marking for imported Rotary Microtomes if another marking appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review. Your ruling request concerns the 1429 SRM 200 Rotary Microtome. The SRM 200 is manufactured in China by Jinqiao Instruments Ltd. After the microtome is manufactured in China, it is shipped to Leica Microsystems in Germany, where the covers of the device are mounted. After the covers are mounted, the microtomes are shipped to Sakura Finetek Europe, in the Netherlands, and from there they would be exported to the United States. Currently the shipping carton for the SRM 200 is labeled with the following information: “Manufactured for: Sakura Finetek Europe B.V., 2382 AT Zoetewoude, The Netherlands” followed by “Made in China.” The SRM 200 itself contains a metal label plate with the same information, minus the “Made in China” inscription. In your submission you ask about the marking requirements for the SRM 200, whether the country of origin needs to be marked on the device itself and the carton in which it is shipped, and if the current method of marking the device would be sufficient to meet requirements. You propose adding “Made in China” to the metal label plate on the device if regulations require it. Based on the information you provided, the country of origin of the SRM 200 would be China. The device is manufactured and quality tested in China. The process performed in Germany, in which the covers are mounted appears to be relatively minor, and does not change the essential character of the device in any way. 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.Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which 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, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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. As the metal label plate on the SRM 200 microtome has the name of a foreign country other than the country of origin, in this case the Netherlands, the country of origin would need to be marked on the device in close proximity to this other country’s name. The absence of this marking could cause an ultimate purchaser to mistakenly believe the SRM 200 was manufactured in the Netherlands. Your proposal to mark the metal label plate by etching “Made in China” underneath “The Netherlands” would be acceptable, as long as the marking is legible and the lettering is of a comparable size to that of the other country. The proposed marking of the SRM 200 Rotary Microtome, as described above, satisfies the marking requirements of 19 CFR 134.46 and is an acceptable country of origin marking for the imported microtomes. 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 J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division