THE COUNTRY OF ORIGIN MARKING OF A WINDOW SCREEN ACCESSORY SET; ARTICLE 509

N248092 December 19, 2013 MAR-2 OT:RR:NC:N1:121 CATEGORY: MARKING Mr. David R. Hamill Arent Fox LLP 1717 K Street, NW Washington, DC 20036-5342 RE: THE COUNTRY OF ORIGIN MARKING OF A WINDOW SCREEN ACCESSORY SET; ARTICLE 509 Dear Mr. Hamill: This is in response to your letter dated November 18, 2013, requesting a ruling on behalf of Phifer Incorporated, on the country of origin marking requirements for a window screen accessory kit packaged in Mexico from various U.S. components. A marked sample was submitted with your letter for review. The kit consists of three pairs of items: two aluminum connector clips, two steel corner springs, and two polyvinyl pull tabs. All items are imported packed together for retail sale in a clear plastic bag stapled to a paper information card. The retail package identifies the items as “Corner Springs & Pull Tabs.” The items in the kit are used in installing screens to window frames. You indicate that each component of the kit is produced in the U.S. from material obtained in the U.S. The components are shipped in individual bulk containers to Mexico. A facility in Mexico sorts the components into six-piece sets and packages them in plastic bags, ready for retail sale. The sets are then exported from Mexico to the U.S. for sale in retail and hardware stores. The window screen accessory kit will be classified as a set for tariff purposes because it meets all requirements noted in Explanatory Note (X) to General Rules of Interpretation (GRI) 3(b). The essential character of the set is imparted by the base metal components. 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. 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. Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find the imported window screen accessory kit is a good of the United States for marking purposes. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 Kaiser at (646) 733-3024. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division