HQ 957697
CLA-2 R:C:M 957697 KCC June 21, 1995

Mr. Samuel P. Drake
Rudolph Miles & Sons
4950 Gateway East
P.O. Box 144
El Paso, Texas 79942

RE: "XL2PK Value Pak" residential burglar/fire alarm system; Article 509; NAFTA; General Note 12(b)(ii)(A); originating good; non-originating material; tariff shift; General Note 12(t)/85.104; 19 CFR 134.1(b); country of origin; Marking Rules; 134.1(j), (g); 134.45(a)(2); 102.11(a)(3),and (b)(1); 102.18(b); 102.20(p); 102.1(e), and (o); foreign material; simple assembly; 134.46

Dear Mr. Drake:

This is in response to your letter of February 22, 1995, on behalf of Alarm Device Manufacturing Company, concerning the country of origin and applicability of the North American Free Trade Agreement (NAFTA), to a residential burglar/fire alarm system. A sample was submitted for our examination.

FACTS:

The article at issue is the "XL2PK Value Pak" which is an unassembled residential burglar/fire alarm system consisting of the following components:

1. XL2 PCA control panel, which is assembled in Mexico, is an EEPROM based control/communicator. The control panel allows the alarm system to have six fully programmed zones and a wired panic zone. Programming of the control panel can be performed through the keypad (up to four keypads per system) or the system can be up or downloaded remotely using the EZ-Mate PC Downloader. The alarm system contains up to six user codes with capability for ambush code and arm only code. You maintain that the control panel imparts the essential character to the entire alarm system and, therefore, you state that it is classified pursuant to GRI 2(a), HTSUS, as an unassembled burglar or fire alarms and similar apparatus under subheading 8531.10.0045, HTSUS. You state that the control panel is an originating good pursuant to General Note 12(b)(ii)(A), HTSUS, and the tariff shift requirement of General Note 12(t)/85.104, HTSUS.

2. XL 4600 Digital Keypad, which is assembled in Mexico, contains six zone indicator lights (LEDs) for the arm, stay, ready, instant, and low battery conditions, sixteen push buttons for entry of commands and allows for a four wire interconnection with the control panel. The keypad circuitry accepts inputs from a remote programmer. You state that pursuant to New York (NY) 864521 dated July 2, 1991, the keypad is classified under subheading 8537.10.9060, HTSUS, as programmable controllers . You state that the keypad is an originating good pursuant to General Note 12(b)(ii)(A), HTSUS, and the tariff shift requirement of General Note 12(t)/85.121(A), HTSUS. You note that the translucent door is a non-originating good classified under subheading 8538.90.60, HTSUS, as other molded parts suitable for use solely or principally with the apparatus of heading 8535. However, you state that the translucent door falls within the de minimis exception of General Note 12(f), HTSUS.

3. ZR-815 C Dual Tone Siren is a 95dB output at 12vt DC, 2 tone-steady and warble, with mounting hardware. You state that it is a product of Taiwan and is classified under subheading 8531.80.8040, HTSUS, as other sound signaling apparatus.

4. 3P+ Beacon is a 9-16vt DC dual element passive infrared motion detector . You state that it is made in Israel and Headquarters Ruling Letter (HRL) 953154 dated March 29, 1993, classified this type of product under subheading 8531.90.8000, HTSUS, as other parts for electric sound or visual signaling apparatus.

5. 12vt Sealed Lead Acid Rechargeable Battery provides power to the alarm system in case of power outage or intentional power interruption. You state that the battery is a product of Korea and is classified under subheading 8507.20.8040, HTSUS, as other lead-acid storage batteries.

6. 12vt AC/DC Transformer supplies power to the alarm system in normal operation and recharges the battery. You state that it of U.S. origin.

7. Steel Cabinet of U.S. origin is used to mount several components of the system.

8. Installation Kit which includes: a. 6 resistors from Japan which are classified under subheading 8533.10, HTSUS, as fixed carbon resistors, composition or film types, b. 3 spacers from Korea which are classified under subheading 8547.20, HTSUS, as insulating fittings of plastics, c. 6 screws from Taiwan which are classified under subheading 7318.14, HTSUS, as self-tapping screws, d. ground lug of U.S. origin, and e. washer of U.S. origin.

In Mexico, the above components are packaged together for importation and sale in the U.S. You state that in their condition as imported they are considered a functional unit pursuant to Note 4, Section XVI, HTSUS, and the alarm system is, therefore, classified under subheading 8531.10.0045, HTSUS, as burglar or fire alarms and similar apparatus. It is assumed only for purposes of this issues in this ruling that the cited HTSUS classifications for the above components are correct.

ISSUE:

I. Is the alarm system composed of originating and non-originating components packaged together in Mexico eligible for NAFTA tariff preference, provided all other applicable NAFTA requirements are met?

II. What is the country of origin and the proper marking requirements applicable to the alarm device?

LAW AND ANALYSIS:

I. NAFTA Eligibility

To be eligible for tariff preferences under the NAFTA, goods must be "originating goods" within the rules of origin in General Note 12(b), HTSUS. In this case, the method by which the alarm system imported into the United States may be "goods originating in the territory of a NAFTA party" is General Note 12(b)(ii), HTSUS. General Note 12(b)(ii), HTSUS, states that to be "goods originating in the territory of a NAFTA party":

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivision (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivision (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note....

We must examine whether the alarm system is "transformed in the territory of Canada, Mexico and/or the United States" pursuant to General Note 12(b)(ii)(A), HTSUS. As the alarm system is classified pursuant to Note 4, Section XVI, HTSUS, as a functional unit under subheading 8531.10.00, HTSUS, based on the information provided, a transformation is authorized by General Note 12(t)/85.104, HTSUS, which states:

A change to subheading 8531.10 from any other subheading , except from tariff item 8531.90.40.

Therefore, the non-originating components of the alarm system can come from any subheading, other than subheading 8531.10 or 8531.90.40, HTSUS

Based on the information provided, the alarm system is classified pursuant to Note 4, Section XVI, HTSUS, as a functional unit under subheading 8531.10.00, HTSUS. You state that the XL2 PCA control panel, XL4600 digital keypad, AC/DC transformer, steel cabinet, grounding lug and washer are originating goods because they are of Mexican and U.S. origin. The AC/DC transformer, steel cabinet, grounding lug and washer are manufactured in the U.S. You state that the other two components, the XL2 PCA control panel and XL4600 digital keypad, have met their respective tariff shift requirements pursuant to General Note 12(t)/85, HTSUS. Based on the information submitted, the non-originating components, i.e., ZR-815 C dual tone siren, 3P+ beacon, rechargeable battery, resistors. spacers and screws, meet the tariff shift requirement, because they are classified under HTSUS tariff provisions other than subheadings 8531.10 or 8531.90.40, HTSUS. We note that we are asked to assume that the XL2 PCA control panel and XL4600 digital keypad are "originating" pursuant to General Note 12(b)(ii)(A), HTSUS. Based on the information you supplied for this analysis and provided that the XL2 PCA control panel and XL4600 digital keypad, in fact, are "originating" materials under General Note 12(b)(ii)(A), HTSUS, the alarm system composed of originating and non-originating components meets the tariff shift requirements of General Note 12(t)/85.104, HTSUS, and, therefore, is considered to be "originating goods" pursuant to General Note 12(b)(ii)(A), HTSUS.

II. Country of Origin and Marking

The marking statute, section 304 of the 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 United States 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 United States 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 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 interim regulations set forth in 19 CFR Parts 102, 134.

Section 134.1(b) of the interim regulations, defines "country of origin" as:

the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin"; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin (emphasis added).

Section 134.1(j) of the interim regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the interim 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. Section 134.45(a)(2) of the interim 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."

Part 102 of the interim regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the interim regulations, sets forth the required hierarchy for determining country of origin for marking purposes. Section 102.11(a) of the interim regulations states that "[t]he country of origin of a good is the country in which:

(1) The good is wholly obtained or produced; (2) The good is produced exclusively from domestic materials; or (3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in section 102.20 and satisfies any other applicable requirements of that section, and all other requirements of these rules are satisfied."

In this case, the applicable rule is section 102.11(a)(3) of the interim regulations. "Foreign Material" is defined in section 102.1(e) of the interim regulations as "a material whose country of origin as determined under these rules is not the same country as the country in which the good is produced." In order to determine whether Mexico is the country of origin, we must look at those materials whose country of origin is other than Mexico. Therefore, all the materials, except the XL2 PCA control panel and XL4600 digital keypad are considered to be foreign material. You have asked us to assume that the country of origin of the XL2 PCA control panel and XL4600 digital keypad is Mexico.

As the alarm system is classified pursuant to Note 4, Section XVI, HTSUS, as a functional unit under subheading 8531.10.00, HTSUS, the change in tariff classification must be made in accordance with section 102.20(p), Section XVI: Chapters 84 through 85, 8531.10-8531.80 of the interim regulations, which states that:

A change to subheading 8531.10 through 8531.80 from any other subheading, including another subheading within that group, except when resulting from a simple assembly.

Section 102.1(o) of the interim regulations states that "'[s]imple assembly" means the fitting together of five or fewer parts all of which are foreign (excluding fasteners such as screws, bolts, etc.) by bolting, gluing, soldering, sewing or by other means without more than minor processing." In this case, there is no simple assembly operation. The foreign components are not assembled together in Mexico, but are packaged together for importation and subsequent sale in the U.S. Therefore, all the foreign components, i.e., ZR-815 C dual tone siren, 3P+ beacon, rechargeable battery, AC/DC transformer, steel cabinet, resistors, spacers, screws, ground lug and washer, appear to meet the tariff shift requirement of section 102.20(p), Section XVI: Chapters 84 through 85, 8531.10-8531.80 of the interim regulations.

However, section 102.17 of the interim regulations states that "[a] foreign material shall not be considered to have undergone the applicable change in tariff classification set out in 102.20, or satisfy the other applicable requirements of that Section by reason of...

(c) Simple packing, repacking or retail packaging without more than minor processing...."

Since the foreign materials are simply packaged together for importation and subsequent sale in the U.S., they are not considered to meet the applicable change in tariff classification as set forth in section 102.20(p), Section XVI: Chapters 84 through 85, 8531.10-8531.80 of the interim regulations.

Section 102.11(b) of the interim regulations states that:

Except for a good that is specifically described in the Harmonized System as a set, or is classified as a set pursuant to General Rule of Interpretation 3, where the country of origin cannot be determined under paragraph (a), the country of origin of the good:

(1) Is the country or countries of origin of the single material that imparts the essential character of the good...(emphasis added).

When determining the essential character of a good under section 102.11 of the interim regulations, section 102.18(b) of the interim regulations provides that only domestic and foreign materials that are classified in a tariff provision from which a change is not allowed shall be taken into consideration and that in deciding among these materials consideration is given to various factors, including the nature of the material or component, bulk, quantity, weight, value, role of a constituent material in relation to the use of the goods. In this case, the XL2 PCA control panel, ZR-815 C dual tone siren, 3P+ beacon, rechargeable battery, AC/DC transformer, steel cabinet, resistors, spacers, screws, ground lug and washer, do not meet the tariff shift change. The XL2 PCA control panel did not change subheadings and the remaining materials are simply packaged together. We are of the opinion that the single material which imparts the essential character of the good is the XL2 PCA control panel. Provided that the country of origin of the XL2 PCA control panel is Mexico, the country of origin of the alarm system will be Mexico, pursuant to section 102.11(b) of the interim regulations.

However, even though Mexico is the country of origin, you propose to individually mark the components and the container of the alarm system as follows:

CONTENTS: XL-2PK VALUE PAK 1 XL-2 CONTROL PANEL ASSEMBLED IN MEXICO 1XL-4600SM SURFACE MOUNT LED KEY PAD KEY PAD ASSEMBLED IN MEXICO SPARE DOOR FROM KOREA 1 12V 4AH BATTERY TAIWAN 1 TRANSFORMER USA 1 INDOOR SPEAKER/SIREN TAIWAN 1 WASHER USA 1 BEACON PLUS PIR ISRAEL 6 RESISTORS JAPAN 1 GROUNDING LUG USA 1 STEEL CABINET USA 2 SPACERS SO. KOREA

You contend that since the alarm system is a functional unit, it would appear that marking the individual components as well as the container which reaches the ultimate consumer, with the foreign origin would be appropriate. The proposed marking is unacceptable marking for the alarm system. As stated above, the country of origin of the alarm system is Mexico. Therefore, the container and/or the components must be labeled "Product of Mexico" or "Made in Mexico", or other similar wording. We note that markings such as "Made in Taiwan" on the individual components is unacceptable and must be corrected. See, section 134.46, Customs Regulations (19 CFR 134.46).

HOLDING:

Based on the presented facts set forth above and provided that the XL2 PCA control panel and XL4600 digital keypad are "originating" materials pursuant to General Note 12(b)(ii)(A), HTSUS, the "XL2PK Value Pak" residential burglar/fire alarm system is found to be "originating goods" pursuant to General Note 12(b)(ii)(a), HTSUS, provided all other applicable requirements are met.

Pursuant to section 102.11(b) of the interim regulations and provided that the country of origin of the XL2 PCA control panel is Mexico, the "XL2PK Value Pak" residential burglar/fire alarm system is considered to be a product of Mexico for purposes of country of origin marking. Therefore, the "XL2PK Value Pak" residential burglar/fire alarm system must be marked "Made in Mexico" or "Product of Mexico."

Sincerely,

John Durant, Director
Commercial Rulings Division.