MAR-2 OT:RR:NC:N4:433
J. Epstein
President
W.N. Epstein & Co., Inc.
4477 Woodson Road
St. Louis, MO 63134
RE: THE COUNTRY OF ORIGIN MARKING OF A PENDANT NECKLACE PACAKAGED ON A BLISTER CARD AND THREE PAIRS OF EARRINGS PACKAGED ON A BLISTER CARD.
Dear Mr. Epstein:
In your letter dated March 15, 2017, on behalf of W.R.Cobb Co., dba Roman & Sunstone, you requested a country of origin marking ruling. Samples and description were provided.
Item number “003210118” is a sterling silver “#1 Mom” heart motif accented pendant necklace, attached to a blister card. To the upper-right of the “#1 Mom” heart motif accented pendant is a ruby-colored rose made of aluminum. The pendant comes with an 18-inches sterling silver necklace (neck chain).
Item number “551656265” are three pairs of studded earrings, attached to a blister card. Each earring for the top pair consists of a sterling silver ball and post, and clutch made of stainless steel; each earring for the middle pair consists of a sterling silver square casting with a set faceted square-shape Cubic Zirconia (CZ) stone, post made of sterling silver, and clutch made of stainless steel; and each earring for the bottom pair consists of a sterling silver casting set with faceted Cubic Zirconia (CZ) stones in a pave round-shape, post made of sterling silver, and clutch made of stainless steel.
You indicate for the pendant necklace that the chain is made in India and that the pendant is made in China. You also indicate for the three pairs of earrings that the silver ball earrings are made in India and the two pair of earrings containing CZ stones are made in China. The two item numbers referenced above are packaged in China and shipped from China to the United States. Observation of the country of origin marking on the sample for the pendant necklace packaged on a blister card has the markings “Made in China/India,” and observation of the country of origin marking for the three pairs of earrings packaged on a blister card has the markings “Made in India/China.” Both items of the merchandise concerned have additional markings on the blister card packaging “Distributed by Wal-Mat Stores, Inc., Bentonville, AR 72716.”
Section 304 of the Tariff Act of 1930 (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin 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 United States 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. Friedlander & Co., 27 C.C.P.A. 297 at 302 (1940).
Section 134 of Title 19, CBP Code of Federal Regulations, (19 CFR § 134) implements the country or origin marking requirements and exceptions of 19 U.S.C. § 1304. Section 134.1 (b) defines “country of origin” as: The country of manufacture, production, or growth of any article of foreign origin entering the United States. 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 this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine country of origin. Alternatively within the same context, a substantial transformation of an article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the article before its processing. See United States v. Gibson-Thomsen Co., Inc., 27 CCPA 269 (1940).
19 C.F.R. § 134.1 (d) defines the “ultimate purchaser” generally as the last person in the United States who will receive the article in the form in which it was imported; however, for a good of a NAFTA country, the “ultimate purchaser” is the last person in the United States who purchases the good in the form in which it was imported. 19 C.F.R. § 134.41 (b) provides that “The degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. The ultimate purchaser in the United States must be able to find the marking easily and read it without strain.”
19 C.F.R. § 134.46, states the following: “In any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.”
For item number, “003210118,” the pendant necklace, there is no substantial transformation of the necklace (neck chain) made in India when attached to the pendant made in China, packaged in China and shipped to the United States. As such, the ultimate purchaser, the consumer, has the right to know the country of origin for the necklace and the pendant, and moreover, because the United States distributor’s address is on the blister card packaging 19 C.F.R. § 134.46 is implicated, thereby requiring that the necklace to be marked “Made In or Product of India” and the pendant to be marked “Made In or Product of China.” It is our position that the current markings, “Made In China/India” on the blister card packaging for the pendant necklace are [confusing and misleading] to the ultimate purchaser; the consumer has no way to discern the proper country of origin for the necklace and pendant. This item is not in compliance with Section 304 of the Tariff Act of 1930 (19 U.S.C. §1304) and Section 134 of Title 19, CBP Code of Federal Regulations, (19 CFR § 134).
For item number, “551656265,” the three pairs of studded earrings, it is not an issue of substantial transformation, but rather the proper country of origin markings for the pair of silver ball earrings made in India and the two pairs of silver earrings set with CZ stones, all of which are packaged in China and shipped to the United States. In like fashion to the pendant necklace, the ultimate purchaser, the consumer, has the right to know the country of origin for the three pairs of earrings, and moreover, because the United States distributor’s address is on the blister card packaging 19 C.F.R. § 134.46 is implicated, thereby requiring that the silver ball earrings to be marked “Made In or Product of India” and the two pairs of silver earrings set with CZ stones to be marked “Made In or Product of China.” It is our position that the current markings, “Made In India/China” on the blister card packaging for the three pairs of earrings are [confusing and misleading] to the ultimate purchaser; the consumer has no way to discern the proper country of origin for each of the three pairs of earrings. This item is not in compliance with Section 304 of the Tariff Act of 1930 (19 U.S.C. §1304) and Section 134 of Title 19, CBP Code of Federal Regulations, (19 CFR § 134).
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 Neil H. Levy at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division