MAR-2 OT:RR:NC:N4:422
Ms. Paula Bojsen
Ranir LLC
4701 East Paris Avenue SE
Grand Rapids, MI 49512
RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MANUAL TOOTHBRUSHES
Dear Ms. Bojsen :
This is in response to your letter dated August 2, 2013, requesting a ruling on the country of origin marking requirements for manual toothbrushes that are manufactured according to five different scenarios. A marked sample was not submitted with your letter for review.
The five scenarios are as follows:
1. A toothbrush handle is molded in the USA. It is then bristled, stapled and packaged in the USA. The handle resin is from Brazil and the bristles are from Thailand.
2. A toothbrush handle is bought from China. It is then bristled, stapled and packaged in the USA. The bristles are purchased from Thailand.
3. A toothbrush handle is bought from China. It is then bristled, stapled and packaged in the USA. The bristles are purchased from Thailand and the USA
4. A toothbrush handle is molded, bristled, and stapled in India. It is then packaged in the USA. The handle resin is purchased from China and the bristles are purchased from Thailand.
5. A toothbrush handle is molded, bristled, and stapled in India. It is then packaged in India. The resin for the handle is purchased from the USA and the bristles are purchased from the USA.
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.
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.
In the first three scenarios listed above, you have requested a determination as to the proper marking of manual toothbrushes that are assembled in the United States. The Federal Trade commission (“FTC”) has jurisdiction concerning the use of the phrase “Made in the U.S.A.,” or similar words denoting U.S. origin. Consequently, any inquiries regarding the use of such phrases reflecting U.S. origin should be directed to the FTC at the following address: Federal Trade Commission, 6th & Pennsylvania Avenue, N.W., Washington, D.C. 20508.
In the fourth and fifth scenarios listed above, the toothbrushes are assembled in India from foreign and domestic components. The country of origin in these two scenarios is India. Section 134.43(e), Customs Regulations (19 CFR 134.43(e)), provides: Where an article is produced as a result of an assembly operation and the country of origin of such article is determined under this chapter to be the country in which the article was finally assembled, such article may be marked, as appropriate, in a manner such as the following: (1) Assembled in (country of final assembly); (2) Assembled in (country of final assembly) from components of (name of country or countries of origin of all components); or (3) Made in, or product of, (country of final assembly).
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).
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 Gary Kalus at (646) 733-3055.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division