MAR-2-05 CO:R:C:V 734663 ER

Mr. Robb Winn
President
European Manufacturers Agency, Inc.
21963 U.S. 19 North
Clearwater, Florida 34625

RE: Country of Origin Marking of Imported Eyeglass Frame Components; Substantial Transformation; Ultimate Purchaser; Method of Marking; 19 CFR 134.35.

Dear Mr Winn:

This is in response to your letters of April 1 and 27, 1992, which were forwarded to us under separate cover dated May 22, 1992, from the New York Seaport, National Import Specialist Division, Branch 1. An additional submission, undated, was received by this office on August 3, 1992. In your letters you request a ruling regarding the country of origin marking requirements for imported eyeglass frame components.

FACTS: European Manufacturers Agency ("EMA") and its associate company, Safety First Optical ("SFO"), are contemplating purchasing frame fronts and temples in a partially finished condition from various suppliers worldwide. Upon arrival in the U.S., the components would be colored and the frame would be assembled, adding other minor pieces, and packaged accordingly. By telephone conversation on August 6, 1992, you stated that no further processing operations would be necessary.

You inquire whether the color treatment and subsequent assembly of the partially finished frames would amount to a substantial transformation of the product. If such processing does not result in a substantial transformation, you would like to know if the finished frames could be marked with country of origin by mounting each one to a specification card measuring approximately 6" x 2.75", which would display one of the following legends: "Frame Made in (country of origin)" or "Frame (country of origin)". Samples of the imported frames and the cardboard specification card were submitted.

ISSUES:

1. Whether color treating partially finished imported eyeglass frames and assembling them to create finished eyeglasses would constitute a substantial transformation within the meaning of 19 U.S.C. 1304.

2. If such operations do not result in a substantial transformation, what is the proper method of marking the finished eyeglasses with country of origin?

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 (or its container) imported into the United States 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 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 primary purpose of the country of origin marking statute 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, C.A.D. 104 (1940). Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the "ultimate purchaser" generally as the last person in the U.S. who will receive the article in the form in which it was imported.

Section 134.35, Customs Regulations (19 CFR 134.35), provides that an article used in the U.S. in manufacture which results in an article having a name, character, or use differing from that of the imported article will be within the principle of the decision of U.S. v. Gibson-Thomsen Co. Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940). Under this principle, the manufacturer or processor in the U.S. who substantially transforms the imported article into an article with a new name, character, or use will be considered the "ultimate purchaser" of the imported article within the contemplation of section 304(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1304(a)), and the article shall be excepted from marking. The outermost containers of the imported articles shall be marked in accordance with this part.

However, if the manufacturing process is merely a minor one which leaves the identity of the imported article intact, the consumer or user of the article after the processing, will be regarded as the "ultimate purchaser." 19 CFR 134.1(d)(2).

In HQ 728504 (October 15, 1985), Customs pointed out that the assembly of imported frames does not constitute a substantial transformation of the item sufficient to make the importer the ultimate purchaser and that in such a case, country of origin marking would be required on the imported fronts and temples. See also, HQ 709266 (July 11, 1978) (assembly of eyeglass frames does not constitute a substantial transformation.) Cf., C.S.D. 80- 43 (July 17, 1979) (substantial transformation occurs where the importer subjects eyeglass fronts and temples to further processing before assembly and color-dying). Also cf., HQ 734474 (April 13, 1992) and HQ 709551 (November 13, 1978).

Nor does the dying or coloring of the frame components amount to a substantial transformation. In C.S.D. 92-10 (October 17, 1990), Customs found that applying epoxy and paint to sunglasses frames did not constitute a substantial transformation. C.S.D. 92-10 is in accordance with C.S.D. 88-12 (August 12, 1988), in which Customs ruled that U.S. made earrings painted a solid color in Canada are not substantially transformed. Painting the earrings was characterized as a "minor finishing operation which leaves the fundamental identity of the earrings intact" rather than the creation of a highly decorative article with artistic qualities.

Taking into consideration the above-noted decisions, we believe that the operations performed in the instant case subsequent to importation -- dying the frame components followed by assembly, with other minor pieces, into finished eyeglass frames -- cannot be said to result in a substantial transformation. No new article of commerce is created and there is no change in name, character or use as a result of the coloring or dying and assembly of the frame components. Consequently, the finished frames must be marked as articles of foreign origin.

The purposes of the marking statute are not served in this case by requiring each component of the eyeglasses to be marked with country of origin. If each component of the eyeglasses were marked, the ultimate purchaser would have to view the article from several aspects to see the various countries of origin. Moreover, confusion would likely result to the ultimate purchaser as to the origin of the finished product unless beside the marking on each component the name of the particular component were specified e.g., "Temple Made in Italy", "Front Made in France", etc. However, if all the components in a finished pair of eyeglasses are produced in the same country, the marking "Frame Made in (country of origin)" or "Frame (country of origin)" inscribed on the frame would be acceptable.

But where, as here, the various components for the finished eyeglasses are sourced in several countries, a "central marking" method is appropriate. See, T.D. 67-173, 1 Cust. Bull. 366 (1967); HQ 734214 (November 19 1991); HQ 734165 (December 2, 1991) and HQ 734497 (June 8, 1992). As such, the use of the described cardboard specification card, or a label, attached to the eyeglasses, is satisfactory. The marking on the specification card must be conspicuous and clearly visible without having to detach the eyeglasses. An acceptable marking on the card could read: "Assembled in the U.S. from components from (names of countries)" or "Components made in (names of countries)". The name of each component's country of origin must be identified, e.g., "Components made in France, Italy and Germany". Designating two or more countries in the alternative (either/or) is not satisfactory. See, C.S.D. 89-111 and HQ 734560 (July 20, 1992).

HOLDING:

Partially finished eyeglasses imported to be colored and assembled in the U.S. are not substantially transformed as a result of the operations performed in the U.S. Accordingly, the eyeglasses must be marked with country of origin, as described above in the ruling.

Sincerely,

John Durant, Director
Commercial Operations