MAR-2-94:RR:NC:GI:227 817438
Ms. Celina Mendez
C-Air International, Inc.
11222 S. La Cienega Blvd., Ste. 100
Inglewood, CA 90304
RE: The country of origin marking of flush mounted lamps from China.
Dear Ms. Mendez:
This is in response to your letter dated December 4, 1995, on behalf of Jimway, Inc., requesting a ruling on the proper country of origin for the subject flush mounted lamps. A marked sample was not submitted with your letter for review.
The merchandise at issue is flush mounted lamps, the "Tiara" modular display, of which the glass globes are stated to be manufactured in Italy and Spain. These globes are then shipped into China where they are assembled with such remaining components as the metal mounts with their trimmings, electrical wiring and fixtures, sockets, et cetera.
It has been determined, based on the information submitted, that the essential character of these lamps will be imparted by the Chinese lamp components. Moreover, it should be noted that a lamp shade is not considered to be an integral part of a lamp and thus is given little weight in regard to its origin.
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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
Therefore, for the instant merchandise to be considered properly marked, it must indicate the country of origin, China, in accordance with the above Customs regulations.
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 George Kalkines at 212-466-5794.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division