MAR-2 OT:RR:NC:N4:421
Mr. David Zhang
MAT Holding Inc.
6700 Wildlife Way
Long Grove, IL 60047
RE: THE COUNTRY OF ORIGIN MARKING OF A PLASTIC HOSE WITH FITTINGS
Dear Mr. Zhang:
This is in response to your letter dated November 30, 2011, requesting a ruling on how to mark a plastic hose with fittings and a plastic hose packaged with various items. Photographs were provided with your letter. Marked samples were not provided.
The first item is a recoil hose composed of plastics. The hose is made in Taiwan. Fittings made in China will be added in China. The second item is a recoil hose made in Taiwan that is blister packed with various tools made in China, such as couplings, inflation needles, nozzles and tape.
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 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. 304. The term "country of origin" is defined in 134.1(b), Customs Regulations (19 CFR 134.1(b)), 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 this part.
A substantial transformation occurs when articles lose their identity and become new articles having a new name, character or use. United States v. Gibson-Thomsen Co., 27 CCPA 267, 270 (1940); National Juice Products Association v. United States, 10 CIT 48 (1960); Koru North America v. United States, 12 CIT , 701 F.Supp. 229 (CIT 1988). The addition of the Chinese fittings does not substantially transform the hose, and the country of origin of the finished hose with fittings is considered to be Taiwan.
The hose with fittings must be marked “Made in Taiwan” or “Taiwan.” If you wish, you may add that the fittings are made in China, but this is not required. The hose that is blister packed with the various items must be marked to show the country of origin of each product. Marking on the blister pack such as “Hose made in Taiwan, all other items made in China” would be acceptable to meet the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).
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 Joan Mazzola at (646) 733-3023.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division