THE COUNTRY OF ORIGIN MARKING OF ACCESS CONTROL GATES FROM CHINA

N235943 December 27, 2012 MAR-2 OT:RR:NC:1:104 CATEGORY: MARKING Ms. Vanessa Carla B. Canaberal Collins and Hermann, Inc. 1215 Dunn Road St. Louis, MO 63138 RE: THE COUNTRY OF ORIGIN MARKING OF ACCESS CONTROL GATES FROM CHINA Dear Ms. Canaberal: This is in response to your letter dated October 31, 2012 requesting a ruling on the acceptable country of origin marking for imported access control gates. Marked samples were not submitted with your letter for review. Models P703, S690B and P863 are motorized, mechanical access control gates. The P703 gate is a cantilever/sliding gate, the S690B gate is a retractable/collapsible gate and the P863 is a telescopic gate. They are designed for use at the main entrances of locations such as universities, schools, warehouses, factories, stadiums and residential areas. The gates feature photocell anti-collision devices and anti-climb alarm systems. In the event of a power failure, the gates can be manually opened/closed. In response to you previous submission, this office issued NY rulings N225955 and N225958, both dated August 8, 2012, in which the gates were classified in subheading 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other… Other”. In addition, as all the gates in question were said to be made of Aluminum Alloy 6063T-5, this office indicated that the gates may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/. In response to this office’s request for additional details on the manufacture of the gates, you have supplied supplemental information. The gates are produced in China from both originating and non-originating materials. The non-originating materials are: (1) chips/USA and Taiwan, (2) diodes/Japan and (3) relays/Malaysia. All non-originating materials undergo a manufacturing process in China where they are assembled into the control panels of the gates. 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. It is the opinion of this office that the combining of the non-originating materials into the control panels constitutes a substantial transformation because the resulting product, the control panel, is a new article in which the non-originating materials lose their separate identities. The imported gates, as described above, must be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. “Made in China” is the acceptable country of origin marking for the imported gates. You also inquired as to the application of any trade program or agreement. As noted above, the gates may be subject to antidumping duties or countervailing duties. This office is not aware of any trade program or agreement under which the above described merchandise would qualify for preferential treatment. 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Thomas J. Russo Director National Commodity Specialist Division