Mar-2-05 CO:R:C:V 734907 AT

Jack Alsup, Esq.
Alsup & Alsup
Del Rio, Texas 78841

RE: Country of origin marking of imported foam bonded vinyl; assembly of foreign vinyl with domestic foam; substantial transformation; 19 CFR 134.35

Dear Mr. Alsup:

This is in response to your letter dated November 23, 1992, on behalf of Douglas & Lomason Co. (D&L), requesting a ruling on the country of origin of imported foam bonded vinyl. A sample was submitted with your letter. We regret the delay in responding.

FACTS:

You state that D&L will import rolls of vinyl made in Canada measuring approximately 100 yds. X 54" into the U.S. In the U.S., the vinyl will have foam, approximately 1/2" thick, bonded to the entire backside of each roll producing the finished product, foam bonded vinyl. The finished foam bonded vinyl will then be exported to Mexico for use in the manufacture of automobile seat covers. The cost of the imported vinyl is $6.00 per linear yard and the added cost, material and labor used in the U.S. to produce the foam bonded vinyl is $2.15 per linear yard.

You claim that occasionally, a roll of foam bonded vinyl will be rejected in Mexico and will need to be returned to the U.S. for replacement or credit from the vendor. Based on this, you have requested a ruling as to the correct country of origin of the foam bonded vinyl that is to be returned from Mexico. ISSUE:

What is the country of origin of the foam bonded vinyl imported from Mexico which is manufactured in the U.S. by bonding Canadian manufactured vinyl with domestic foam.

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(b), Customs Regulations (19 CFR 134.1(b)) defines "country of origin" as 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 occurs when an article loses its identity and becomes a new article having a new name, character, or use. Koru North America V. United States, 12 CIT 1120, 701 F. Supp. 229 (1988). The question of when a substantial transformation occurs is a question of fact to be determined on a case-by-case basis. Uniroyal Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026 (1982), aff'd, 1 Fed.Cir. 21, 702 F.2d 1022 (1983).

The country of origin of the foam bonded vinyl manufactured in the U.S. by bonding Canadian manufactured vinyl with domestic foam rests upon whether the Canadian vinyl is substantially transformed in the U.S. as a result of the bonding operation.

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. Although the foam bonded vinyl consists of textile materials, the rules for determining the country of origin for textile products set forth in section 12.130 are not applicable because the foam bonded material is classified outside of section XI, HTSUS and it is not subject to quota.

Customs has held that operations, such as cutting to length, dyeing and gluing are merely finishing and assembly operations which do not result in a substantial transformation of the imported article. In HQ 728269 (July 29, 1985), Customs held that operations performed on greeting cards, such as pressing out, folding and gluing, were minor and did not constitute a substantial transformation of the imported card.

Similarly, in this case, we find that the bonding operation of gluing domestic foam to the imported vinyl in the U.S. does not constitute a substantial transformation of the Canadian vinyl. The operation is very simple and does not require a great deal of skill or time. The bonding of foam to vinyl only involves gluing the foam to the vinyl by means of an adhesive material. The formation of the finished foam bonded vinyl is made by this simple bonding operation. Furthermore, the vinyl does not change in name, character or use as a result of the bonding operation because the vinyl still has the appearance and texture of vinyl after being bonded with the foam. Although the foam bonded material can now be used in the manufacture of automobile seats after the bonding process, it is the vinyl's outward appearance not the foam's which is desired by the Mexican manufacturer. Accordingly, the country of origin of the foam bonded vinyl is Canada, the country of manufacture of the vinyl.

HOLDING:

The country of origin of foam bonded vinyl processed in the manner described above is Canada.

Sincerely,

John Durant, Director
Commercial Rulings Division