THE COUNTRY OF ORIGIN AND COUNTRY OF ORIGIN MARKING OF IMPORTED PROJECTORS

N147895 March 9, 2011 MAR-2 OT:RR:NC:N1:108 CATEGORY: COUNTRY OF ORIGIN AND MARKING Mr. Jack D. Mlawski Galvin & Mlawski Attorneys at Law 245 Fifth Avenue Suite 1902 New York, NY 10016 RE: THE COUNTRY OF ORIGIN AND COUNTRY OF ORIGIN MARKING OF IMPORTED PROJECTORS Dear Mr. Mlawski: This is in response to your letter dated February 10, 2011, on behalf of JVC Americas Corporation, requesting a ruling on the country of origin and the country of origin marking for imported projectors. Although a sample of this merchandise was not provided, photos of the proposed markings were submitted for review. It is stated that the subject JVC projectors (the high-definition projector visualization series), models VS2100 and VS2100NL, are designed, fabricated, and solely used in Level-D simulators, which are flight and air traffic control simulators that require precision conversion of the signal and accuracy in the projected image. These projectors, which are exclusively sold to Original Equipment Manufacturers (OEMs) of simulators or to entities that sell to these OEMs, receive computer graphic signals through the HDMI or RCA component interface from the graphics card of the computer of the simulator and convert the signal to visual images for projection onto a screen in the simulator. It is also stated that they are designed and exclusively used in the simulators in sets of 3 to 5 projectors and must be precise and synchronized for seamless projection of the graphics of the simulator. The subject projectors are made up of various components, which are fabricated into subassemblies in different countries as follows: The PJ Unit, which is produced in Japan, is composed of the Kernel which comprises a polarization plate (originating in Japan), a wave plate (originating in the USA), the ILA elements (originating in Japan), and the Kernel base and top (originating in Japan); the box used for the Kernel (originating in Taiwan); the X-Prism, originating in Japan; and the projection lens and mount base, originating in China. The PJ Unit is then shipped to China for further fabrication to produce a complete subassembly (the PJ Unit SA) that comprises, in addition to the above-stated components, a lamp originating in Japan; two printed circuit boards originating in Vietnam; and dichroic mirrors, a lens and an optical chassis, all originating in China. The complete body subassembly for the projector is produced in China and is noted to be composed of cooling fans (originating in China), printed circuit boards (originating in Vietnam and China), and the chassis and the shield (originating in China), as well as the exterior housing and other mechanical components. These two subassemblies are then packed and shipped separately from China to Japan. In Japan the following assembly process occurs: the components of the complete body subassembly, such as the side panels, the top cover, the shield top, the front panel and the duct exit cover are removed to allow for the insertion of the PJ Unit SA into the complete body subassembly onto which the PJ Unit SA is attached with metal fasteners; the lamp is then wired and connected to the power supply in the unit; the circuit boards are then connected to various components using wire connections (totaling 10 wired connections), which are stated to be performed by experienced workers to avoid errors and interference with other components and connections; then a gasket is attached to the PJ Unit SA and a gasket is also attached to the shield top; and the duct exit cover, the front panel, the shield top, the top cover, and the side panels are then reattached. Moreover, this merchandise is then run through sophisticated and exclusive machinery for gamma, shading and color-temperature adjustments, as well as detailed inspections to ensure that the projectors operate at their intended level of performance. It is the position of the importer that the country of origin of these projectors, based on the above production description, should be Japan and therefore should be properly marked as such. In this regard, it is noted that PJ Unit of Japanese origin, which essentially makes up the PJ Unit SA, is the component that converts the signal into the image that is projected onto the screen of the simulator through the projection lens that is also part of the PJ Unit. When the PJ Unit is further fabricated into the PJ Unit SA in China and then combined with the complete body subassembly, of Chinese origin, in Japan, it is the opinion of this office that this projector, before the required adjustments and detail inspections are performed, becomes a product of Japan; and therefore the merchandise should be properly marked with that country of origin. It is stated that the ultimate purchaser will receive these projectors, at the time of importation, within shipping containers marked with the country of origin. The photo of the shipping-container label displays the marking “MADE IN JAPAN” in noting that the name of the manufacturer, “Victor Company of Japan, Limited,” will also appear on the same label. Moreover, based on the photos submitted, the projectors themselves will be marked with the country of origin and the manufacturer’s name. 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. The proposed marking of the imported projectors, as described above, is considered to be conspicuously, legibly and permanently marked when in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and will then be an acceptable country of origin marking for the imported projectors. 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 Lisa Cariello at (646) 733-3014. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division