THE COUNTRY OF ORIGIN MARKING OF BANK NOTE RECYCLERS; ARTICLE 509

N232926 October 2, 2012 MAR-2 OT:RR:NC:N4:414 CATEGORY: MARKING Ms. Tara Newman Director Global Logistics and Trade Compliance MEI Inc. 1301 Wilson Drive West Chester, PA 19380 RE: THE COUNTRY OF ORIGIN MARKING OF BANK NOTE RECYCLERS; ARTICLE 509 Dear Ms. Newman: This is in response to your letter dated September 5, 2012 requesting a ruling on the country of origin and marking of Bank Note Recyclers (BNR). You state that all of the components of the BNR are made in China and will be imported into Mexico from China. In Mexico, the components of the BNR will be attached together to form the finished product by screwing the components into the chassis. The components of the BNR are the empty chassis, two bank note recycler units, one cashbox loader unit, one cashbox unit, one lock unit, one main module, and one spine. All of these components are inserted into the chassis and secured with screws and fasteners. You state that the product is being labeled as “Designed in Switzerland, Assembled in Mexico” on the outer cardboard packaging. The picture your provided showing the marking on the outer packaging shows that the words “Assembled in Mexico” are legible, permanent and in close proximity to the words “Designed in Switzerland” on the packaging. You also state that the country of origin on the CBP 7501 is listed as China. 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. 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 country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.45(a)(2) of the regulations, provides that “a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish.” Section 134.1(g) of the regulations, defines a “good of a NAFTA country” as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Applying the NAFTA Marking Rules set forth in Part 102 of the Customs Regulations to the facts of this case, we find that the non-originating components meet the applicable shift in tariff classification, which is “a change to any other good of subheading 9031.41 through 9031.49 from any other subheading outside that group.” The BNR is a good of Mexico for marking purposes because the components meet the tariff shift requirement set out in Part 102 of the regulations. Your proposed marking “Designed in Switzerland, Assembled in Mexico” meets the marking requirement of 19 U.S.C. 1304 and 19 CFR Part 134, and is an acceptable country of origin for the imported BNR. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). For your information, the country of origin of the BNR is determined to be Mexico and that is the country of origin that should be listed on the entry documents. 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 Barbara Kiefer at (646) 733-3019. Sincerely, Thomas J. Russo Director National Commodity Specialist Division