MAR 2-05 CO:R:C:V 733578 EAB

Paul E. Linet, Esq.
75 Federal Street
Boston, Massachusetts 02110

Re: Country of origin marking of electrical outlet boxes and covers to be used in the manufacture of mobile homes and recreational vehicles. Reconsideration of HQ 729075; ultimate purchaser; original equipment manufacturer; automotive parts; 19 CFR 134.35; 19 CFR 134.32(d); 19 CFR 134.32 (h)

Dear Mr. Linet:

This is in reply to your requests on behalf of Commander Electrical Materials, dated May 19, 1990 and August 13, 1990, seeking reconsideration of HQ 729075 (January 13, 1985).

In HQ 729075, material facts were that the electrical outlet boxes and covers were made in Canada to U.S. specifications for sale to other than original equipment manufacturers. Since those facts are different under the present scenario, as more fully set forth hereinafter, we find no reason to reconsider our previous ruling.

FACTS:

Commander Electrical Materials manufactures electrical outlet boxes and covers for sale to U.S. manufacturers of mobile homes and recreational vehicles to be sold only in Canada. In order to satisfy Canadian standards, the U.S. original equipment manufacturers must purchase and use Canadian electrical outlet boxes and covers. U.S. manufacturers of mobile homes destined for sale in Canada are often visited by Canadian inspectors to insure that the products to be exported to Canada meet Canadian standards. There is a difference in construction between the models that Commander makes for the U.S. market and those it makes for the Canadian market. For instance, the former have thicker walls and no ground screws.

You estimate the cost to modify existing dies to mark the articles individually would be at least $50,000, which you aver is prohibitively expensive.

You request an exception from individual country of origin marking of the articles pursuant to 19 CFR {{134.32(c), (g) or (h).

ISSUE:

What are the country of origin marking requirements of electrical outlet boxes and covers made in Canada and used in the U.S. manufacture of mobile homes and recreational vehicles to be sold in Canada?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin 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.

Section 134.32(c), Customs Regulations (19 CFR 134.32(c)), provides an exception from individual marking of articles that cannot be marked prior to shipment to the U.S. except at an expense economically prohibitive of their importation.

Section 134.32(g), Customs Regulations (19 CFR 134.32(g)), provides an exception from individual marking of articles to be processed in the U.S. by the importer or for his account otherwise than for the purpose of concealing the origin of such articles and in such manner that any mark contemplated by this part would necessarily be obliterated, destroyed, or permanently concealed.

Section 134.32(h), Customs Regulations (19 CFR 134.32(h)), provides an exception from individual marking of articles for which the ultimate purchaser must necessarily know the country of origin by reason of the circumstances of their importation or by reason of the character of the articles even though they are not marked to indicate their origin.

Section 134.22(d)(1), Customs Regulations (19 CFR 134.32(d)(1)), provides an exception from marking of containers of articles excepted pursuant to 19 CFR {{134.32(f), (g) or (h).

Section 134.32(d), Customs Regulations (19 CFR 134.32(d)), provides an exception from individual marking of articles for which the marking of the containers will reasonably indicate the origin of the articles.

In HQ 709005 (May 26, 1978), Customs held that in instances where it could be established to the satisfaction of Customs officers at the port of entry that the contents of specific shipments of automotive lock handles/assemblies with matched keys were solely for use in the assembly and production of new vehicles by truck manufacturers, the locks and keys would be excepted from marking if the containers in which they were packed were marked to indicate the country of origin.

Section 134.35, Customs Regulations (19 CFR 134.35), provides that a manufacturer who converts or combines an imported article into a different article will be considered the ultimate purchaser of the imported article, and the article will be excepted from country of origin marking. For this exception to apply, the conversion or combining must constitute a substantial transformation within the principle of United States v. Gibson- Thomsen Co., Inc., 27 CCPA 267, (C.A.D. 98) (1940). In HQ 732999 (January 25, 1990), Customs determined that a U.S. manufacturer who assembles imported automotive door hinge parts and then incorporates the finished hinges into a vehicle is the ultimate purchaser of the imported hinge parts. The articles were substantially transformed as a result of the combining operations in which they lost their separate identities; therefore, the imported parts were excepted from individual country of origin marking. The U.S. manufacturer stated in a letter submitted to Customs officials that it was the ultimate purchaser and knew by reason of its contract with the seller the country of origin of the foreign parts. We, therefore, held that the imported hinge parts purchased under a direct contract with the foreign manufacturer were excepted from marking pursuant to 19 CFR 134.32(h), provided Customs officials at the port of entry were satisfied that the articles would be used only in the manufacture of finished door hinges and vehicles and not otherwise sold.

In this case, we find that the imported electrical boxes and hinges used by the original equipment manufacturer of mobile homes and recreational vehicles, lose their separate identity as a result of the manufacture of the mobile homes and recreational vehicles. The importer/manufacturer is, therefore, the ultimate purchaser of the imported articles. We also find that the electrical boxes and covers may be excepted from individual country of origin marking pursuant to 19 CFR 134.32(h), since the ultimate purchaser must necessarily know the country of origin of those articles in order to manufacture mobile homes and recreational vehicles that conform to Canadian standards and pass

U.S. on-site inspection by Canadian officials. As noted above, in order to conform to Canadian standards, the U.S. manufacturer must purchase and use Canadian electrical outlet boxes and covers.

We do not have sufficient information to determine if the one-time $50,000 cost to modify existing dies, in conjunction with other factors relevant to the manufacturing of the electrical boxes and covers in Canada is prohibitively expensive, for purposes of 19 CFR 134.32(c). As stated in your submission, re-tooling to mark the companion articles addressed in HQ 729075 was accomplished.

Finally, we do not have sufficient information to determine, for purposes of 19 CFR 134.32(g), if the U.S. manufacturing operations would necessarily obliterate, destroy or permanently conceal any marking on the electrical boxes or covers.

HOLDING:

Electrical boxes and covers manufactured in Canada and used in the U.S. in the production of mobile homes and recreational vehicles to be sold only in Canada may be excepted from individual country of origin marking pursuant to 19 CFR 134.32(h), provided Customs officials at the port of entry are satisfied that the articles will be used only in the manner described above and will not be resold. Statements from the ultimate purchasers, or other evidence satisfactory to Customs officials at the port of entry, that the imported unmarked electrical boxes and covers are to be used only in the manufacture of vehicles for sale in Canada should be submitted.

Sincerely,

Marvin M. Amernick, Chief
Value, Special Programs and
Admissibility Branch


cc: District Director
Champlain, NY