MAR-2-32:OT:RR:NC:N3:136
Benjamin F. DeFazio
B.F. DeFazio Customs Broker
99 W. Hawthorne Avenue, Suite 612
Valley Stream, NY 11580
RE: Country of origin of “Lionel Blue FG-7330 Pigment” from Japan
Dear Mr. DeFazio:
In your ruling request dated March 6, 2019, on behalf of your client, Toyo Ink America, LLC, you requested a country of origin ruling on “Lionel Blue FG-7330 Pigment.”
You describe the product at issue as a pigment, which is produced in Japan with various materials originating from South Korea and China. You list materials as Pthalocyanine Crude A (made in South Korea), Pthalocyanine Crude B (made in China), and subsidiary material (made in China). You have indicated that the production process includes the following four steps:
Dry milling by vibrating mill
Salt milling by kneader
Purification by reslurry and filterpress
Spray and dyeing
In 19 C.F.R. § 134.1(b), “country of origin” is defined 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.”
With respect to the “Lionel Blue FG-7330 Pigment,” the production process in Japan using various materials from South Korea and China, results in a new product having a distinctive name, character, or use. Therefore, in our opinion, the country of origin for the subject product is Japan.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division