MAR-2-05 CO:R:C:V 734443 NL
Mr. Richard Brancato
Vice President of Sales
Astra Microtonics Technology
708 Shady Retreat Road, Suite 1
Doylestown, PA 18901
RE: Country of Origin Marking - Encapsulated Integrated
Circuits; Semiconductors; "IN" as Abbreviation for
Indonesia; T.D. 75-187; 19 CFR 134.32(d).
Dear Mr. Brancato:
This is in response to your request for a ruling dated
August 6, 1991, addressed to the National Import Specialist
Division of Customs in New York. That office has forwarded your
letter to Customs Headquarters for response, and has appended a
memorandum (ref. 868690) discussing the points at issue.
FACTS:
Astra Micronics Technology (Astra) fabricates encapsulated
integrated circuits in Indonesia. You have advised my staff that
all of the imported devices are sold to entities in the U.S.
which use them in the manufacture of electronic equipment.
Several drawings and samples were submitted with your letter.
You state that these devices are so small that marking them with
their country of of origin is "difficult, at best". You request
authorization to satisfy the country of origin marking
requirements in one of two ways: 1) by marking the ejection pin
of each device with the abbreviation "IN", for Indonesia; or 2)
by marking the name "Indonesia on the shipping tubes in which the
devices are imported into the United States.
The memorandum of the Chief National Import Specialist
Branch 1, states that the abbreviation "IN" should not be
accepted; that the devices are large enough to be marked with
their country of origin; and requests review by Headquarters of
T.D. 75-187, which implemented Customs policy with respect to
the marking of semiconductor devices.
ISSUES:
1. Is the abbreviation "IN" acceptable to designate Indonesia?
2. Under what circumstances would marking of the shipping tubes
for the devices satisfy the country of origin marking
requirements?
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. must be marked in a conspicuous
place as legibly, permanently, and indelibly as the nature of the
article will permit, in such a manner as to 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.
As provided at 19 CFR 134.45(b), abbreviations may be
acceptable if they unmistakably indicate the name of a country.
In this instance we cannot agree that the abbreviation "IN"
unmistakably refers to Indonesia, and we agree with the Chief,
National Import Specialist Branch 1, that "IN" may not be used to
satisfy country of origin marking requirements.
That office found also that the encapsulated integrated
circuits were sufficiently large to permit marking of their
country of origin on the plastic encapsulation. We note that
this conclusion was reached after examination only of the largest
of the four devices for which a ruling was sought. In light of
our finding below, that marking of the shipping tubes will
satisfy the requirements of 19 U.S.C. 1304, we decline to rule
whether the size of these articles precludes effective marking.
As determined in T.D. 75-187, if semiconductor devices are
imported in containers that are legibly and conspicuously marked
with their country of origin, and Customs officials at the port
of entry are satisfied that the devices will reach the ultimate
purchaser in the marked containers, the devices may be excepted
from individual marking. In this case it appears that this
requirement will be satisfied, in that you represent that the
integrated circuits will be sold to manufacturers of electronic
equipment, who are the ultimate purchasers of the devices, and
the devices will be delivered to them in their shipping tubes.
Accordingly, marking the shipping tubes will, in accordance with
T.D. 75-187 and 19 CFR 134.32(d), satisfy the country of origin
marking requirements.
Inasmuch as this was the sole issue raised by your request,
we are declining the invitation of the Chief, National Import
Specialist, Branch 1, to review for possible modification T.D.
75-187, whose other guidance concerns marking of containers of
semiconductor devices from multiple countries of origin.
HOLDING:
The abbreviation "IN" is unacceptable for purposes of
marking encapsulated integrated circuits as products of
Indonesia. Provided that Customs offficials at the port of entry
are satisfied that the shipping tubes are properly marked, and
that these are the containers in which the devices are delivered
to their ultimate purchasers in the U.S., marking of the
containers will be sufficient to comply with the requirements of
19 U.S.C. 1304 and 19 CFR Part 134.
Sincerely,
John Durant
Director, Commercial
Rulings Division
cc: Area Director
NY Seaport
Att'n: Chief, NIS Branch 1