MAR-2 OT:RR:NC:N1:112
Ms. Laura Callesano
CBC America Corp.
55 Mall Drive
Commack, NY 11725
RE: Country of Origin and Marking of Solar Panels from China
Dear Ms. Callesano:
This is in response to your letter dated July 25, 2012, requesting a country of origin and marking determination on solar panels imported into the Untied States.
The items concerned are solar panels which are assembled in China using both Chinese and non-Chinese components. There are 5 different sized solar panels concerned (GSP-6, GSP-12, GSP-30, GSP-40, GSP-55). The polycrystalline solar cells are manufactured in Germany. The front sheet is manufactured Japan. The remainder of the parts; Ethylene Vinyl Acetate copolymer (EVA), anodized aluminum back board, edge protector, grommet, junction box, cable protection, output cable, inter connector, buss bar, insulation tape, blocking diodes, fuse and ring terminals are all stated to be products of China. All the parts are sent to an assembler in China for assembly into a finished solar panel.
These particular solar panels are for off-grid usage only. They are described as semi-flexible solar panels. They use a semi-flexible aluminum backing and an unbreakable protective plastic film coating. They are used on boats and in RV’s. Typical applications for these solar panels include, trickle charging 12V batteries, maintenance charging for boats at moorings, maintenance charging for emergency vehicles and sole source charging for auxiliary recreational equipment (RV’s, jet skis, traffic signs, small appliances & other electronics). These solar panels are not made of glass and cannot be installed on a roof top to produce solar energy for homes.
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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the 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 country of origin for marking purposes is defined at section 19 CFR 134.1(b), to mean the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of Part 134. A substantial transformation is effected when a manufacturer or processor converts or combines an article into a new and different article resulting in a change in name, character, or use.
Based on the submitted literature, we find that the processing performed in China substantially transforms all of the non-Chinese components (solar cells and front sheet) into a new and different article when they are transformed into the finished solar panels. We consider the finished solar panels to be products of China and as such should be marked accordingly.
We have reviewed the submitted samples and the proposed marking. Due to the fact that a U.S. reference appears on the imported solar panels when they are imported into the U.S., it is necessary to consider the necessity for additional marking. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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 requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good. Section 134.47, Customs Regulations (19 CFR 134.47), deals with cases in which as part of a trademark or trade name or as part of a souvenir marking the name of a location in the United States or “United States” or “America”, appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by “Made in,” “Product of,” or other similar words, in close proximity or in some other conspicuous location.
The proposed marking of the solar panel boxes does not satisfy the marking requirements of 19 CFR 134.46 or CFR 134.47. The solar panel boxes have U.S. addresses printed in one location and a trade name incorporating the word “AMERICA” printed in another location. Based on 19 CFR 134.46 and 19 CFR 134.47, the country of origin marking is not in close proximately to the trade name and the font used for the country of origin marking is not of a comparable size when compared to the U.S. addresses or the trade name.
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 Steven Pollichino at (646) 733-3008.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division