MAR-2-05 CO:R:C:V 735260 RC
Mr. Robert Persily
Freight Brokers International, Inc.
1200 Brunswick Avenue
Far Rockway, NY 11691
RE: Country of origin marking of sapphire nail files.
Dear Mr. Persily:
This is in response to your letter of June 3, 1993,
requesting a ruling on the country of origin marking requirements
for sapphire nail files manufactured in Germany.
FACTS:
Your client, the La Cross Division of Del Laboratories,
imports sapphire nail files made in Germany into the U.S. where
they are finished with U.S. plastic handles. A sample finished
file has been submitted. The sample file handle has the letters
"USA" molded into the plastic handle in lettering of
approximately 5 points, in non-contrasting colors. (A point is a
unit of type measurement equal to 0.01384 inch or nearly 1/72
in., and all type sizes are multiples of this unit). You
propose, in lieu of die stamping or etching the actual imported
files, etching or injection molding the plastic handles with the
word "GERMANY".
ISSUE:
Whether indicating "GERMANY" on the U.S. manufactured
plastic file handle in lieu of on the German file itself is
acceptable under 19 U.S.C. 1304 and 19 CFR Part 134.
LAW AND ANALYSIS:
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.
The country of origin for marking purposes is defined by
section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean
the country of manufacture, production, or growth. 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" for marking purposes. An article used in
manufacture resulting in a new article having a different name,
character, or use will be considered substantially transformed.
In this instance, the attachment of a plastic handle to the
imported file and other processing does not effect a substantial
transformation, and the completed article remains subject to
marking under section 304 as a product of Germany. Thus, the
only issue to be resolved is the appropriate method of marking
this article. You propose not to mark the metal files, but
rather to mark either the plastic handle by raised injection
molded or etched lettering, or to mark the package.
We find that the marking "Germany" on the sample plastic
handle is legible based on the relief of the letters, the size
and style of print, and the location, the format, etc. It is
permanent and indelible because it is injection molded. Given
the small size of the files, we think lettering in at least 5
points is sufficient. It would be necessary to mark the product
card also only if the marking on the file is not visible and if a
geographic location other than the country of origin is indicated
on the product card. In the latter instance, it would be
necessary to mark the cards with "Germany" preceded by "Made in",
"Product of" or like words.
Given that the marking is to be performed after importation,
it will be necessary to satisfy the district director, pursuant
to 19 CFR 134.34, that the finished article will be properly
marked prior to sale in the U.S.
HOLDING:
The proposal to mark the finished nail file by marking
"GERMANY" on the U.S. manufactured plastic handles, in lettering
of at least 5 points by injection molding or etching, will
satisfy the country of origin marking requirements of 19 U.S.C.
1304 and 19 CFR Part 134. The district director of Customs must
be satisfied, pursuant to the requirements of 19 U.S.C. 134.34,
that the finished files will in fact be marked in this manner.
Sincerely,
John Durant, Director