THE COUNTRY OF ORIGIN MARKING OF THE DATA OPTIMIZED MODULES FROM MALAYSIA

N207736 April 3, 2012 MAR-2 OT:RR:NC:N1:109 CATEGORY: MARKING Melissa Hoffman US Manager, Trade & Compliance Ericsson Inc. 6300 Legacy Drive Plano, TX 75024 RE: THE COUNTRY OF ORIGIN MARKING OF THE DATA OPTIMIZED MODULES FROM MALAYSIA Dear Ms. Hoffman: This is in response to your letter dated March 6, 2012, requesting a ruling on whether the proposed marking “Made in Malaysia” is an acceptable country of origin marking for components of a Data Optimized Module (DOM) A Carrier Indoor Metrocell kit and the components of a Data Optimized Module (DOM) A Carrier Outdoor Metrocell kit. A marked sample was not submitted with your letter for review. The merchandise subject to this ruling consists of various components that will be utilized after importation into the United States to make up a Data Optimized Module (DOM) A Carrier Indoor Metrocell kit and a Data Optimized Module (DOM) A Carrier Outdoor Metrocell kit. The Data Optimized Module (DOM) A Carrier Indoor Metrocell kit will be marketed as Part # NTBW8913. The Data Optimized Module (DOM) A Carrier Outdoor Metrocell kit will be marketed as Part # NTBW8912. The components for Part # NTBW8913 will consist of a DOM A module, various cables, plastic cable ties, a surge protector, a dummy faceplate, screws, a flame retardant polypropylene roll, heat shrink tubing connections, and a plastic rail guard. The components for Part # NTBW8912 will consist of a DOM A module, various cables, plastic cable ties, a surge protector, T1/E1 cross connection panel, a dummy faceplate, a hex nut, screws, a flame retardant polypropylene roll, heat shrink tubing and grounding cable. Based on the information that you provided, the articles are packed in bulk overseas for importation into the United States. However, your letter states that your customers will purchase the DOM A kits to increase the capacity of base stations allowing greater use of data services within their network. As such, it is our understanding that you will repack the merchandise by placing the necessary components to make up each kit into retail packaging after importation into the United States for sale to your customers. 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. Your letter states that the DOM A Modules are made in Malaysia. The other items, which you claim are ancillary, have various countries of origin. You have asked if it is sufficient to mark the entire kit as “Made in Malaysia”. The merchandise that is being imported is not in the form of a kit. Therefore, your proposed marking of “Made in Malaysia” is an unacceptable country of origin marking for the imported merchandise. The merchandise is imported in bulk and after importation into the United States it will be repacked into a kit for retail sale to your customers. The articles do not lose their individual origin as a result of the bulk packaging overseas. As such, in accordance with section 134.11, Customs Regulations (19 CFR 134.11) each article of foreign origin is to be marked with its respective country of origin prior to importation into the United States. However, section 134.32 (d), Customs Regulations (19 CFR 134.32 (d)) allows for the exception of individual marking as long as the container that they are imported in will reasonably indicate the origin of the articles. In accordance with section 134.34 (a) (1) and (2), Customs Regulations (19 CFR 134.34 (a) (1) and (2)) an exception under 134.32 (d) may be authorized in the discretion of the port director for imported articles which are to be repacked after release from Customs custody. As you intend to repack the goods, you may also be subject to the certification requirements of section 134.26, Customs Regulations (19 CFR 134.26). 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 Linda M. Hackett at (646) 733-3015. Sincerely, Thomas J. Russo Director National Commodity Specialist Division