MAR-02 RR:TC:SM 560604 MLR
Mr. Ronald E. Edelstein
Texas Instruments, Inc.
Executive Center II
8360 LBJ Freeway, MS 8205
P.O. Box 655303
Dallas, TX 75265
RE: Country of Origin marking; "Made in"; "Assembled in"; 61
FR 37678; 19 CFR 134.43(e)
Dear Mr. Edelstein:
This is in reference to your letter of August 6, 1997,
requesting a ruling concerning the country of origin marking
indicator "Assembled in" and "Made in."
FACTS:
It is stated that Texas Instruments Educational &
Productivity Group (E&P) imports calculators, personal data
assistants (PDA), and data bank devices from Taiwan,
Thailand, or some other country. In some cases, it is stated
that the articles are imported already packaged in bubble
packs for retail sale, while in other cases, they are
imported in bulk and packaged for final sale after
importation into the U.S. Some of the articles are marked
with the legend "Assembled in (country of origin)", and some
are marked "Made in (country of origin)". However, it is
stated that the country indicated on the article is the
country where final assembly of the article occurs. In those
instances where the articles are packaged ready for retail
sale, it is stated that the article is marked "Made in
Taiwan" and the packaging is marked "Assembled in Taiwan."
ISSUE:
Whether it is acceptable to mark articles either with the
legend "Made in" or "Assembled in", and whether an article
may both be marked "Made in Taiwan" and "Assembled in
Taiwan."
LAW AND ANALYSIS:
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 imported in 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. Congressional intent in enacting 19
U.S.C. 1304 was "that the ultimate purchaser should be able
to know by an inspection of the marking on the imported goods
the country of which the goods is the product. The evident
purpose is to mark the goods so that at the time of purchase
the ultimate purchaser may, by knowing where the goods were
produced, be able to buy or refuse to buy them, if such
marking should influence his will." United States v.
Friedlaender & Co. Inc., 27 CCPA 297, 302, C.A.D. 104 (1940).
Part 134, Customs Regulations (19 CFR Part 134),
implements the country of origin marking requirements and
exceptions of 19 U.S.C. 1304. Section 134.43(e), provides
that:
[w]here an article is produced as a result of an assembly
operation and the country of origin of such article is
determined under this chapter to be the country in which
the article was finally assembled, such article may be
marked, as appropriate, in a manner such as the
following:
(1) Assembled in (country of final assembly);
(2) Assembled in (country of final assembly) from
components of (name of country or countries of
origin of all components); or
(3) Made in, or product of, (country of final
assembly).
As a result of 19 CFR 134.43(e), the terms "Made in,"
"Product of," and "Assembled in" are words of similar
meaning. Accordingly, Customs stated that it will no longer
be acceptable to use "Made in," "Product of, " or words of
similar meaning, along with the words "Assembled in" in a
single country of origin marking statement on articles of
foreign origin imported into the U.S. See 61 FR 37678, 37679
(1996).
It is stated that some of the articles are marked with
the legend "Made in" while other articles are marked with the
legend "Assembled in." We find that provided the articles
marked with the legend "Assembled in" are produced as a
result of an assembly operation and the country in which the
article was finally assembled is the country of origin, this
is an acceptable marking regardless if other identical
articles are marked with the legend "Made in."
Furthermore, it is also stated that some articles are
marked with the legend "Made in Taiwan" while its packaging
which will also reach the ultimate purchaser is marked with
the legend "Assembled in Taiwan." While Customs stated that
it will no longer be acceptable to use "Made in" along with
the words "Assembled in" in a single country of origin
marking statement, it was directed at those instances where
different countries are indicated. In this case, the same
country is used, and, in both instances, that country is the
country of origin of the article. Therefore, it is our
opinion that the use of the legends "Made in" and "Assembled
in" on a single article is acceptable provided only a single
country is named and the requirements of 19 CFR 134.43(e) are
satisfied.
HOLDING:
Based upon the information submitted, we find that it is
acceptable to mark individual articles either with the legend
"Made in" or "Assembled in", provided that those articles
marked with the legend "Assembled in" satisfy the
requirements of 19 CFR 134.43(e), that is, they are produced
as a result of an assembly operation and the country in which
the article was finally assembled is the country of origin.
Furthermore, we find that the use of the legends "Made in"
and "Assembled in" on a single article is acceptable provided
the requirements of 19 CFR 134.43(e) are satisfied.
A copy of this ruling letter should be attached to the
entry documents filed at the time the goods are entered. If
the documents have been filed without a copy, this ruling
should be brought to the attention of the Customs officer
handling the transaction.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division