Mar-2-05 CO:R:C:V 734182 AT

Harold I. Loring, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York 10017

RE: Country of origin marking of imported string light sets repackaged in the U.S.; assembly of string sets; substantial transformation; conspicuous place; close proximity; name of U.S. locality; 19 CFR 134.35; 19 CFR 134.34; 19 CFR 134.46

Dear Mr. Loring:

This is in response to your letters dated May 20 and August 6, 1991, and January 13 and October 15, 1992, on behalf of Noma International, Inc. (Noma), requesting a ruling on the country of origin marking of imported string light sets which are to be repackaged in the U.S. from foreign and/or domestic components into Noma's "25 Outdoor Lite Set". A sample of the string light set, country of origin marking labels and the container in which the string light sets are to be repackaged were submitted with your letters. You have also requested a ruling with respect to the making of the light strings assembled in China from entirely Taiwanese components.

FACTS:

You state that Noma imports light bulbs and/or light strings to be repackaged in unsealed containers in the U.S. to be sold at retail stores. Each set consists of a string (wire-socket-plug assembly) and 25 lightbulbs which are packaged in a small cardboard box. You also state that although some of the strings will be made in the U.S., others will be made in Canada, or assembled in Mexico in a HTS 9802.00.80 operation or assembled in China from Taiwanese components. The lightbulbs will be sourced from either China, Taiwan, Thailand or Indonesia. With respect to the string sets which are to be assembled in Mexico or China you claim that each string will be marked by an adhesive pinch tag measuring approximately 3 1/4 inches in length. The pinch tags will be marked "String Set Made in Country of Origin" in black lettering approximately 5 points (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). However, the string sets which are made in Canada will be marked "Made in Canada" on the green receptor plug. In your letter dated October 15, 1992, you state that although the sample string set submitted has a UL label attached to it printed with the words "Printed in U.S.A., Noma has advised you that they will not use any UL labels indicating "Printed in U.S.A. on the imported light string sets.

With respect to the light bulbs you state that each light bulb will be individually marked with the country of origin on the threaded portion of the bulb. Examination of the sample light bulbs indicates that each bulb is marked "Taiwan" on the threaded portion. Also the light bulbs are packaged in a small cardboard box which is marked on the front panel with the words "Made in Taiwan Rep. of China" in red lettering approximately 18 points. You also state that each cardboard box containing the 25 light bulbs for each completed "25 Outdoor Lite Set" will be marked in this same manner.

The retail cardboard box is marked with Noma's address "Forest Park, Illinois 60130" on the bottom panel near the lefthand corner in black lettering approximately 7 point. You state that Noma proposes to mark the retail box with the country of origin marking "See Lite String and Bulbs for Country of Origin" in close proximity and in a comparable size to their "Forest Park, Illinois" address. A sample of the proposed marking was submitted for review. Product information such as care, use and safety instructions as well as how to repair a blown fuse also appears on the bottom panel of the box. A color illustration of the light string set appears on the front panel along with the words "25 Outdoor Lite Set; Over 25' Long Overload Protection For Added Safety".

You state that Noma's proposed marking of the repackaged retail sets is necessitated by the fact that Noma sources light strings and bulbs from several different countries and repackages them in three separate U.S. locations. With four separate sources for the strings and four separate sources for the bulbs, there are at least sixteen different origin combinations. You also state that it would be an extreme hardship for Noma to use different retail boxes for every possible situation. Furthermore, you state that an ultimate purchaser would easily find the proposed marking since it will be located on the same panel as the product information. Based on these claims, you assert that marking the retail boxes "See Lite String and Bulbs for Country of Origin" is the most efficient way to mark the country of origin of the individual repackaged sets.

ISSUES: What is the country of origin of the light strings (wire, socket, plug), assembled in China from entirely Taiwanese components?

Whether the proposed country of origin marking "See Lite String and Bulbs for Country of Origin" on the bottom panel of the retail box containing the lite sets satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, if the light strings and bulbs are individually marked in the manner described above?

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. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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., 27 C.C.P.A. 297 at 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 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines ultimate purchaser as "generally the last person in the U.S. who will receive the article in the form in which it was imported." The definition then gives examples of who might be the ultimate purchaser if the imported article is used in the manufacture, if the imported article is sold at retail in its imported form and if an imported article is distributed as a gift. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the outdoor lite set is the consumer who purchases the product at retail.

Country Of Origin Of Light Strings Assembled In China

The country of origin of the light strings assembled in China from entirely Taiwanese components rests upon whether the Taiwanese components are substantially transformed in China as a result of the assembly operation. For country of origin marking purposes, a substantial transformation occurs when articles lose their identity and become new articles having a new name, character or use. In determining whether the combining of parts or materials constitutes a substantial transformation, the issue is the extent of operations performed and whether the parts lose their identity and become an integral part of the new article. Belcrest Linen v. United States, 6 CIT 204, 573 F.Supp. 1149 (1983), aff'd, 2 Fed.Cir. 105, 741 F.2d 1368 (1984). Assembly operations which are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. See, C.S.D.s 80-111, 89-110, 89-129, 90-51.

In this case we find that the assembly operation performed in China does not substantially transform the Taiwanese components. The assembly operation is very simple and does not require a great deal of skill or time. The assembly of the lightbulb socket only involves snapping the base of the socket into the wire. The formation of the electrical contacts between the socket and the wire is made by this simple snapping operation. Furthermore, as indicated in your August 6, 1991, letter, the assembly process only takes 20 seconds and no highly skilled workers are necessary. Also, you state that the injection molding process of the sockets and plugs performed in Taiwan is much more complex than the assembly operation. The Taiwanese components do not change in name, character or use as a result of the assembly operation because they still remain a wire, socket and plug after being assembled, although they are now essential components of a light string. Accordingly, the country of origin of the light strings is Taiwan.

Assuming That The Light Strings And Bulbs Are Properly Marked In The Manner Described Above, Are The Containers Properly Marked? In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on an article which may mislead the ultimate purchaser as to the country of origin. Consequently, if the words "United States," or "America," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality other than the country of origin appear on the imported article, special marking requirements are triggered.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name or city or locality in which the article was manufactured or produced, appears on an imported article or its container, 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods.

The application of these special marking requirements as set forth in section 134.46 is triggered by the presence of the words "Forest Park, Illinois" printed on the bottom panel of the retail box. Accordingly, the name of the actual country of origin of the light string set must appear "in close proximity" to the U.S. reference and in lettering of at least a comparable size. Therefore, the critical issue present in this case is whether the proposed marking "See Light String and Bulbs for Country of Origin" to be placed on the same panel as the words "Forest Park, Illinois" in a comparable size satisfies the country of origin marking requirements of 19 CFR 134.46.

Customs has previously approved country of origin markings which do not designate a specific country of origin in close proximity to the U.S. reference but instead directs the ultimate purchaser to a conspicuous location where the country of origin can be found on the article. For example, in HQ 732374 (July 7, 1989), Customs determined that the language "Refer to neck label for country of origin" printed on the outside of a poly bag containing men's dress shirts immediately beneath a U.S. address, was acceptable if the neck label displaying the name of the country of origin in each shirt was easily visible to the ultimate purchaser. See also HQ 732099 (November 3, 1989) (marking "See Bulb For Country of Origin" was acceptable where the bulbs were individually marked and their containers were unsealed; HQ 734285 (April 13, 1992), published as C.S.D. 92-33, 26 Cust. B. & Dec. 54 (marking "See Part Number Label For Country of Origin" acceptable where essential information such as the part number and size were printed and easily visible on the label). Similarly in this case, we find that the proposed method of marking satisfies the requirements of 19 CFR 134.46. The words "See Light String and Bulbs For Country of Origin" appears in close proximity and in a comparable size to the U.S. reference and is easy to see. Also, an ultimate purchaser would be expected to open the unsealed retail container to examine its contents, and therefore would easily find the country of origin marking for the light string and bulbs which are to be marked in the manner described above. We are satisfied that the light string and bulbs can be easily taken out of the retail container by the ultimate purchaser and the country of origin marking on each article as described above, is conspicuous and can be easily found upon a casual examination. Moreover, the marking "See Light String and Bulbs For Country of Origin" is printed at a location where an ultimate purchaser would expect to find such marking since other essential information such as care, use and safety instructions is located on the same panel. We further find that the proposed country of origin marking is permanent because the marking will be printed on the bottom panel.

HOLDING:

The country of origin of light strings assembled in China from entirely Taiwanese components (wire-socket-plug) is Taiwan.

Assuming the light strings and bulbs will be packaged and individually marked with the country of origin in the manner described, marking the retail box, "See Light String and Bulbs For Country of Origin" as described above satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director
Commercial Rulings Division