MAR 2-05 CO:R:C:V 731398 pmh
Ms. Judy A. Blum
Drackett, Inc.
5020 Spring Grove Avenue
Cincinnati, OH 45232-1988
RE: Country of origin marking of mops consisting of domestic and
imported components
Dear Ms. Blum:
This is in response to your letter of April 20, 1988,
requesting a ruling on the proper country of origin marking
requirements for mops which consist of both foreign and domestic
components. We regret the delay in responding.
FACTS:
Drackett, Inc. (importer/manufacturer) manufactures mops.
The mop head is imported from West Germany. The mop handle is
made from both imported and domestic pieces; the metal base of
the handle is U.S.-made. A plastic socket and locking ring,
which connects the mophead to the handle, and a plastic hanging
tip are all made in and imported from Italy. All the components,
both imported and U.S.-made are combined in the U.S. to make the
finished mop. When the mop is sold at retail, the mophead
wrapper will bear the legend "Mop Head Made In West Germany."
You have submitted a sample finished mop in a retail wrapper. On
the sample wrapper the words "Mop Head Made In West Germany" are
in letters approximately 1/8 of an inch in size and appear at the
bottom of the wrapper, after the importer's name and domestic
address.
Issue:
What the country of origin marking requirements for a mop
manufactured in the U.S. with domestic and imported components.
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LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that unless excepted, every article of foreign
origin imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article (or 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. Congressional intent in
enacting 19 U.S.C. 1304 was "that the ultimate purchaser should
be able to know by inspection of the marking on the imported
goods the country of which the goods are a product. The evident
purpose is to mark the goods so that at the time of the 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).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. An ultimate purchaser is defined in section 134.1,
Customs Regulations (19 CFR 134.1), as "generally the last person
in the U.S. who will receive the article in the form in which it
was imported." The regulations further provide that if an
imported article will be used in manufacture, the manufacturer
may be the ultimate purchaser if he subjects the imported article
to a process which results in a substantial transformation.
According to U.S. v. Gibson-Thomsen Company, Inc., 27
C.C.P.A. 267, C.A.D. 98 (1940), a manufacturer is considered to
be an ultimate purchaser if a manufacturing process is performed
on an imported article so that the article is substantially
transformed in that it loses its identity and becomes an integral
part of a new article with a new name, character or use. The
court determined that in such circumstances, the imported article
is excepted from individual marking. Only the outermost
container is required to be marked. See section 134.35, Customs
Regulations (19 CFR 134.35).
In this case we find that combining the imported plastic
components with the U.S.-made metal handle constitutes a
substantial transformation. The imported plastic components lose
their separate identity and become permanent, integral parts of a
new article, i.e., the finished mop handle. Since the domestic
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processing substantially transforms the imported plastic
components into an article with a new name, character or use,
they become products of the U.S. and are excepted from the
country of origin marking requirements.
With regard to the imported mop head, we find that it does
not undergo a substantial transformation when it is attached to
the mop handle. The mop head retains its original name,
character and use. Furthermore, the mop head is a separate
component from the handle and can be removed and replaced.
Consequently, we find that the mop head is required to be marked
with its country of origin. Examination of the submitted sample
reveals that the mop head wrapper conspicuously bears the name of
the country of origin in compliance with 19 U.S.C. 1304. The
name of the country of origin properly appears on the wrapper
directly beneath the name and domestic address of the
importer/manufacturer. See section 134.46, Customs Regulations
(19 CFR 134.46.)
HOLDING:
For purposes of 19 U.S.C. 1304, the processing of imported
plastic components in the manufacture of mop handles in the U.S.
in the manner set forth above, constitutes a substantial
transformation and the U.S. importer/manufacturer is considered
the ultimate purchaser. Accordingly, the imported plastic
components are excepted from country of origin marking under 19
CFR 134.35, provided the district director is satisfied that they
will be used only in this manner and will not be otherwise sold
and that they will reach the ultimate purchaser in their original
containers which are properly marked to indicate the country of
origin of the plastic components. We find the mop heads which
are not substantially transformed, are required to be marked with
the country of origin. We further find that the current marking,
as exhibited on the sample mop head wrapper, is in compliance
with 19 U.S.C. 1304.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch