MAR 2-05 CO:R:C:V 732896 pmh
Ms. Judy A. Blum
Drackett, Inc.
5020 Spring Grove Avenue
Cincinnati, OH 45232-1988
RE: Country of origin marking requirements for imported mops
Dear Ms. Blum:
This is in response to your letter of November 16, 1989,
requesting a ruling on the proper country of origin marking
requirements for mops which consist of a handle imported from
Italy and a mop head imported from Germany.
FACTS:
Drackett, Inc. (importer) imports mop heads from West
Germany and mop handles from Italy. The mop handle is comprised
of two separate parts, a metal handle and a plastic hanger tip.
The plastic hanger tip is marked "Made in Italy." The mop head
is bound with a cardboard wrapper that is marked "USA Distributor
- Mop Head Made in West Germany." It is further enclosed in a
clear plastic wrapper. After importation, the hanger tip marked
"Made in Italy" is replaced with a blank domestic hanger tip and
the handle and mop head are assembled into a finished mop. A
sticker bearing the words "Mop Handle Made in Italy" would be
placed on the outside plastic wrapper that covers the mop head.
You state that such sticker would be conspicuously affixed to the
plastic wrapper, in such a way that it would be in close
proximity to the the words "USA Distributor - Mop Head Made in
West Germany" that appear on the cardboard wrapper, but would
would not obscure that marking, and that the lettering used on
the sticker would be of the same size or larger as that used for
the words "USA Distributor."
In an earlier request for a ruling you submitted a sample
mop enclosed in its cardboard retail wrapper. (That submission
was the subject of HQ 731398, dated October 4, 1989.) In a
November 9, 1989 telephone call with a member of my staff you
indicated that the subject mops in this case use the same style
mop head and the same cardboard retail wrapper as that used in
the previously submitted sample. We have retained that sample
mop and have reexamined it for purposes of this ruling.
ISSUE:
What are the country of origin marking requirements for a
mop that consists of a mop head imported from Germany and a
handle imported from Italy.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), requires that, unless excepted, every article of foreign
origin (or its container) imported into the United States shall
be marked in a conspicuous place as legibly, indelibly and
permanently as the nature of the article will permit in such a
manner as to indicate to the ultimate purchaser the English name
of the country of origin of the article.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. As provided in section 134.41, Customs Regulations
(19 CFR 134.41), the country of origin marking is considered to
be conspicuous if the ultimate purchaser in the U.S. is able to
find the marking easily and read it without strain.
In HQ 731398, dated October 4, 1989, Customs found that mop
heads imported from Germany were not substantially transformed
when they were attached to domestic mop handles. Customs
determined that the mop head was a separate component from the
handle, could be removed and replaced and, consequently, was
required to be marked with its country of origin. Likewise, in
this case, the mop heads, which are the same as those in HQ
731398, are required to be marked with the country of origin. As
determined in our previous ruling, the country of origin marking
on the mop head wrapper (as exhibited on the previously submitted
sample), is in compliance with 19 U.S.C. 1304. It is
conspicuously located on the wrapper and appears directly beneath
the name and domestic address of the importer. See 19 CFR
134.46, Customs Regulations (19 CFR 134.46).
With regard to the mop handles, we find that the handles are
required to be marked with their country of origin. Section
134.1(d), Customs Regulations (19 CFR 134.1(d)), defines
"ultimate purchaser" as "the last person in the U.S. who will
receive the article in the form in which it was imported." The
regulation further provides that if an imported article will be
used in manufacture, the manufacturer may be the ultimate
purchaser if he sujects the imported article to a process which
results in a substantial transformation. However, if the
manufacturing process is merely a minor one which leaves the
identity of the imported article intact, 19 CFR 134.1(d)(2)
provides that the consumer or user of the article, who obtains
the article after the processing, will be regarded as the
ultimate purchaser. In this case, although the imported handles
are combined with a domestic hanger tip, such process is only a
minor one and does not change the name, character or use of the
handles as they were imported. Similarly, the handles do not
lose their separate identity when they are combined with a
removable and replaceable head made in West Germany.
Consequently, the handles remain products of Italy and must be
marked accordingly. We further find that marking the handles by
means of a sticker bearing the country of origin and placed on
the outermost plastic wrapper, would be acceptable if such
sticker is sufficiently conspicuous and permanent. Since the
mops will be repacked in a plastic wrapper after importation, the
certification requirements of 19 CFR 134.26 apply. See section
134.26, Customs Regulations (19 CFR 134.26).
HOLDING:
For purposes of 19 U.S.C. 1304, imported mop handles that
are combined in the U.S. with domestic hanger tips, are not
substantially transformed and remain products of Italy. It is
acceptable to mark the mop handles by means of a sticker affixed
to the plastic wrapper on the mop head, provided the local
Customs officials are satisfied that such sticker is sufficiently
conspicuous and permanent. Imported mop heads which are
removable and replaceable are also required to be marked with
their country of origin. We find that the current marking, as
exhibited on a previously submitted sample, is in compliance with
19 U.S.C. 1304.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch