MAR-2 OT:RR:NC:2:235
Ms. Tracy Horridge
Thermo Scientific Portable Analytical Instruments Inc.
2 Radcliff Rd.
Tewksbury MA, 01876
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED NITON DXL PRECIOUS METALS ANALYZER
Dear Ms. Horridge:
This is in response to your letter dated October 08, 2014, requesting a ruling on whether the proposed marking “Assembled in China” is an acceptable country of origin marking for imported “Niton DXL Precious Metals Analyzer”. You propose to add the wording “Designed in the United States by Thermo Fisher Scientific” to the existing label. The current label has the wording “Assembled in China” and the US address name, and phone number of Thermo Scientific. Both statements will be adjacent to one another on the same side of the machine, and in the “same size and font of lettering”. A marked sample was not submitted with your letter for review.
The Thermo Scientific Niton Analyzers use X-Ray fluorescence technology to determine the elemental makeup of a sample. The DXL model is designed specifically for use on jewelry in a retail, pawn shop or manufacturing setting. You state that the DXL was originally conceived and designed in the United States in partnership with a design engineering firm located in Somerville MA.
The Niton DXL Precious Metals Analyzer is composed of parts with multiple country of origins. The DXL undergoes final assembly and its substantial transformation into a new article of commerce in China. You indicate that the finished product is then shipped to the US for distribution and that any additional processing done in the US does not constitute substantial transformation.
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.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. CBP has allowed the wording “Assembled In” as an acceptable method of indicating the Country of Origin in the past. The marking you indicate does appear to be within acceptable parameters, as it is “legibly and permanently” displayed, “in close proximity to the name of the country of origin (assembly).
The proposed marking of imported “Niton DXL Precious Metals Analyzer”, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported analyzer.
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 Paul Hodgkiss at (646) 733-3046 or via email at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division