COUNTRY OF ORIGIN MARKING OF IMPORTED SURGICAL INSTRUMENTS

N192276 December 5, 2011 MAR-2 OT:RR:NC:N4:405 CATEGORY: MARKING Will PettingerWJ Holdings, LLC 1133 Hideaway Drive N. St. Johns, FL 32259 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SURGICAL INSTRUMENTS Dear Mr. Pettinger: This is in response to your letter dated November 7, 2011, requesting a ruling on the appropriate marking of surgical instruments made in China or Pakistan of Japanese steel. A marked sample was not submitted with your letter for review. You indicate that you will be importing surgical instruments such as forceps, needle holders, and scissors intended for use in ophthalmic, plastic, and general surgery. The instruments will be manufactured in either China or Pakistan, and will be made from stainless steel of Japanese origin. You ask if it is permissible to mark the surgical instruments “Japanese Stainless” or “Japan Stainless” provided the country of manufacture is also indicated on the instrument. 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.Taking the above into account, should you choose to mark the imported surgical instruments with “Japan Stainless” or “Japanese Stainless”, the country of origin of the instruments must be marked in close proximity, and in comparable size. Customs has previously ruled on similar situations, notably in Headquarters Ruling Letters 732615, dated June 6, 1990, and 734904, dated April 30, 1993. Both rulings concerned the marking of surgical instruments made in Pakistan of German stainless steel. The rulings determined that a marking of “German Stainless” was acceptable, provided the words “Product of” or “Made in” Pakistan were marked on the item as well, in close proximity and in lettering of comparable size. As a result, a marking of “Japan Stainless” will be acceptable as long as the words “Made in Pakistan” or “Made in China” (or something to that effect) are marked in close proximity, in accordance with the requirements of 19 CFR 134. The proposed marking of the imported surgical instruments, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for said instruments. 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