OT:RR:NC:N4:415
Junyeong Park
Dream Customs Consulting Company
611-ho, 3-dong, Ace Hitech City Building, 775, Gyeongin-ro, Yeongdeungpo-gu
Seoul, 07299
South Korea
RE: The country of origin and marking of a cosmetic brush from Indonesia.
Dear Mr. Park:
In your letter dated April 30, 2025, you requested a country of origin and marking ruling on a cosmetic brush
on behalf of your client, Baosheng, Ltd.
The product under consideration is described as a cosmetic brush, model number SMBS2535. It is a beauty
tool used to apply, blend, or contour various makeup products such as foundation, powder, blush, eyeshadow,
and eyeliner.
Your submission indicates that the brush components are imported into Indonesia from China. They include
the pre-cut brush fibers made of polybutylene terephthalate (“PBT”), the metal ferrule, and the painted wood
handle. The PBT fibers are imported in bulk while the ferrule and handle are both already in their finished
forms.
In Indonesia the following steps are performed:
1. The PBT filaments are inspected and any substandard or defective materials are identified and
removed.
2. The brush bristles are organized and aligned to ensure uniform direction and shape.
3. The brush bristles are divided into specific quantities and organized into uniform bundles.
4. The divided brush bristles are shaped to form the desired structure of the brush head and then tied with
thread so that they can be easily fit within the ferrule.
5. The shaped brush bristles are inserted into the metal ferrule.
6. The brush head inserted into the metal ferrule is bonded in place using adhesive.
7. Excess portions of the brush bristles are removed through a taping process to achieve a uniform and
refined shape.
8. Any excess or unnecessary portions of the brush bristles are removed.
9. The aligned brush bristles are precisely hand-trimmed to complete the final shape of the brush head.
10.
10. The completed brush head is bonded to the handle using adhesive finishing the construction of the
cosmetic brush.
11. The completed cosmetic brush undergoes a final quality inspection.
When determining the country of origin, the substantial transformation analysis is applicable. See, e.g.,
Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. The test for determining whether a
substantial transformation will occur is whether an article emerges from a process with a new name,
character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc.
v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence.
See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).
In order to determine whether a substantial transformation occurs when components are assembled into
completed products, all factors such as the components used to create the product and manufacturing
processes that these components undergo are considered in order to determine whether a product with a new
name, character, and use has been produced. No one factor is decisive, and assembly/manufacturing
operations that are minimal will generally not result in a substantial transformation.
This office agrees that as the bristles are imported in bulk and require further processing to form the finished
brush head, the country of origin analysis would be similar to that of the paint brushes discussed in HQ
561279, dated November 30, 1999. Accordingly, we find these Chinese components are substantially
transformed in Indonesia and the country of origin for the finished cosmetic brush, model number
SMBS2535, will be Indonesia.
Additionally, you asked about the marking of this brush.
The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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 19 CFR 134.41(b), the country-of-origin marking is considered conspicuous if the ultimate
purchaser in the U.S. can find the marking easily and read it without strain.
Regarding the permanency of a marking, 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, 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.
As the country of origin for this brush is Indonesia, it would be acceptable to mark it, in accordance with the
appropriate regulations, with “Made in Indonesia” as proposed.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(“CFR”), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of
the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate
and complete in every material respect. In the event that the facts are modified in any way, or if the goods do
not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (“CBP”) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the CBP Regulations (19 CFR 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, please contact
National Import Specialist Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division