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FACTS: Vitesse is a provider of semiconductor components and equipment as well as a supplier and designer of communications integrated circuit chips for manufacture of core, access, enterprise, and metropolitan area network equipment, and storage area network equipment. Vitesse operates two production facilities, one in Camarillo, California and the second in Colorado Springs, Colorado.

The Camarillo facility fabricates four-inch wafers, while the Colorado Springs facility is responsible for fabricating six-inch wafers. Upon completion of the assembly process, the products are tested, packaged and shipped to the U. In addition, Vitesse intends to issue commercial invoices to its customers with the same all-inclusive country of origin statement.

At the request of the customer, Vitesse will be able to determine the exact country of origin based on a bar code found on each chip, and advise the client of the specific country of origin for the specific product purchased.

ISSUE: Whether the integrated circuits may be excepted from the individual marking requirements and whether it is acceptable to mark only the outermost containers with a disjunctive multiple country of origin marking. Congressional intent in enacting 19 U. 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.

Part of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U. For purposes of this ruling, we will assume that the assembly process performed abroad results in a substantial transformation and that accordingly, the country of origin will be the country where the various components are assembled to produce the integrated circuits. We will also assume that the ultimate purchaser will be the telecommunications companies or other entities which 3 will receive the articles in the import packaging and substantially transform the imported chips into new and different products.

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