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 China.
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 SMBS2533. 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 brush head, made from polybutylene terephthalate (“PBT”) fibers and a metal ferrule, and the finished
painted wood handle.
In Indonesia the following steps are performed:
1. Excess portions of the brush bristles are removed through a taping process to achieve a uniform and
refined shape.
2. Any excess or unnecessary portions of the brush bristles are removed.
3. The aligned brush bristles are precisely hand-trimmed to complete the final shape of the brush head.
4. The completed brush head is bonded to the handle using adhesive finishing the construction of the
cosmetic brush.
5. 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 looks to the country of origin analysis discussed in HQ 561279, dated November 30, 1999, and
HQ 733199, dated July 19, 1990. We find that the brush head holds the basic nature of the finished brush
and does not become a new article having a new name, character, or use. Therefore, the origin of the finished
brush will remain the same as the origin of the brush head as a substantial transformation does not occur in
Indonesia. Accordingly, the country of origin for this cosmetic brush, model number SMBS2533, will be
China.
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 China, it would need to be marked, in accordance with the
appropriate regulations, to indicate its Chinese origin.
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