MAR-2 RR:NC:1:112 I83777
Mr. Ronald P. Ricca
Rockwell Automation
1 Allen-Bradley Drive
Mayfield Heights, OH 44124-6118
RE: THE COUNTRY OF ORIGIN MARKING OF VOLTAGE STARTERS; ARTICLE 509
Dear Mr. Ricca:
This is in response to your letter dated June 3, 2002 requesting a ruling on whether the proposed marking "Product of USA" is an acceptable country of origin marking for imported voltage starters. A marked sample was not submitted with your letter for review.
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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.
Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.
In the situation in question, voltage starters made in the United States are sent to Canada where they are mounted in various types of enclosures and components, such as switches and/or pilot lights, are added. The completed product is then returned to the U.S.
Section 102.19 of the regulations, in conjunction with Section 102.11, specify the rules to be followed in determining the country of origin for products eligible for NAFTA treatment. Since the components involved originate in two NAFTA countries, the country of origin is the last NAFTA country in which the voltage starters underwent production other than minor processing. The operations performed in Canada do not qualify as “minor processing” as defined in Section 102.1(m) of the regulations. Accordingly, the voltage starters in question are considered products of Canada and must be so marked for purposes of country of origin marking.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.
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 David Curran at 646-733-3017.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division