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 7255-PS Pigment”
Dear Mr. DeFazio:
In your ruling request dated September 6, 2019, on behalf of your client, Toyo Ink America,
LLC, you requested a country of origin ruling on “Lionel Blue 7255-PS Pigment.”
You describe the subject product as a colorant, which is produced in Japan, incorporating various raw materials from Germany, China, and Japan. You describe the raw material from Germany as “Phthalocyanine Crude D” (85.6% of product composition). You describe the raw materials from China as “Phthalocyanine Crude B” (7.4% of product composition) and various “Subsidiary Raw Materials.” You describe the raw materials form Japan as various “Subsidiary Raw Materials.”
The production process in Japan consists of the following steps:
Phthalocyanine Crude D: Pigmentation by acid slurry method (Intermediate 1)
Phthalocyanine Crude B: Synthesis of Pigment derivative (Changed Chemical Structure / Intermediate 2)
Mixing of Crude D and B with Barium Sulfate
Milling
Packaging, Inspection, and Storage
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 subject product, we have determined that the production process in Japan using raw materials from Germany, China, and Japan, does not result in a substantial transformation of the primary “Phthalocyanine Crude D” raw material of German origin, which comprises 85.6% of the finished product’s composition. Therefore, in our opinion, the country of origin for the subject product is Germany.
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 (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at (202) 554-1404, by e-mailing to [email protected], 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