THE COUNTRY OF ORIGIN MARKING OF AIR HANDLERS FOR AIR CONDITIONING SYSTEMS

N156275 April 20, 2011 MAR-2 OT:RR:NC:N1:102 CATEGORY: MARKING Ms. Maria Munoz Lennox International 2140 Lake Park Boulevard Richardson, TX 75080 RE: THE COUNTRY OF ORIGIN MARKING OF AIR HANDLERS FOR AIR CONDITIONING SYSTEMS Dear Ms. Munoz: This is in response to your letter dated March 24, 2011 requesting a ruling on whether the proposed marking “Assembled in China” is an acceptable country of origin marking for imported air handlers for air conditioning systems. A marked sample was not submitted with your letter for review. An air handler is a unit that houses the coil assembly for the indoor component of an air conditioning system. You indicate that the air handler is comprised of parts manufactured at an assembly facility in China, such as the metal stamping for the cabinet, and components sourced from multiple countries, e.g. a motor sourced from the USA and control boards sourced from Mexico. All the components for the air handler are assembled and packaged in China for export to the United States. 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 “Assembled in China”, if conspicuous, legible and permanent, as required by 19 U.S.C. 1304 and 19 CFR Part 134, is an acceptable country of origin marking for the imported air handlers. 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 Kenneth T. Brock at (646) 733-3009. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division