MAR-2-05 CO:R:C:V 735371 RC
Ms. Marya Lenn Yee
Proskauer Rose Goetz & Mendelsohn
1585 Broadway
New York, New York 10036
RE: Country of origin marking of Toy Craft Kits; T.D. 91-7.
Dear Ms. Yee:
This is in response to your letter of September 21, 1993,
requesting a ruling on behalf of Bostik, Inc., on the country of
origin marking requirements for "Oodles" toy craft kits to be
imported into the U.S. A sample kit was not submitted for
review.
FACTS:
Each kit will contain the following items grouped by country
of origin: a see-through travel pouch, pom-poms, chenille stems,
3-piece fluoro flexible tubing, straws, poly balls, red beads,
green beads, wiggly eyes, popsicle sticks, wood sticks, and
playing die, to be manufactured in Taiwan; Blu-Tack(trademark
registered), a reusable adhesive, to be manufactured in
Australia; a game board, idea guide and personalized kit tag to
be manufactured in the U.S. These items will be packaged in
various combinations and sold at retail as kits. All packaging
will be done in the U.S.
ISSUE:
What is the proper country of origin marking for the toy
craft kits?
LAW AND ANALYSIS:
The marking statute, section 304, Tariff Act of 1930, as
amended (19 U.S.C. 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 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.
Section 134.1(d) defines the "ultimate purchaser" generally
as the last person in the United States who will receive the
article in the form in which it was imported. The marking must
be conspicuous to the ultimate purchaser. Here, the ultimate
purchaser is the person who buys the toy craft kit at retail.
The "country of origin" for marking purposes is defined by
section 134.1(b), Customs Regulations (19 CFR 134.1(b)), to mean
the country of manufacture, production, or growth of any article
of foreign origin entering the U.S.
When articles manufactured in different countries are
combined or assembled, Customs must determine the country of
origin, for marking purposes. The country of origin is the
country where the article last underwent a "substantial
transformation", that is, processing which results in a change in
the article's name, character, or use. Section 134.35, Customs
Regulations (19 CFR 134.35).
Here, the combining of the toy craft kit items into sets
does not constitutes a substantial transformation because the
resulting product is not a new article in which the constituents
lose their separate identities. Each kit item remains clearly
identifiable. Therefore, under section 304 of the Tariff Act,
the kits must be marked to indicate to the ultimate purchaser in
the U.S. the foreign origin of the items contained therein.
The required marking for such articles is addressed in
T.D. 91-7, in which Customs determined that materials of foreign
origin which comprise sets, mixtures, or composite goods must be
marked separately to indicate their country of origin unless
substantially transformed. Pursuant to the general marking
requirements and T.D. 91-7, the toy craft kits must be marked to
indicate the country of origin of the components. The marking
you propose:
Craft components made in Taiwan. Blu-Tack made in
Australia by Bostik (Australia) Pty. Ltd.
Related packaging components made in U.S.A.
Packaged in the U.S.A.
complies with 19 U.S.C. 1304. The items of U.S. origin are not
subject to the requirements of the marking statute since they are
not of foreign origin. See HQHQ 735009 (dated July 30, 1993).
If you decide to indicate that some of the items are of U.S.
origin, then the marking will need to comply with the
requirements of the Federal Trade Commission. We suggest that
you direct any questions on this aspect of the issue to the
Federal Trade Commission.
HOLDING:
Your proposed country of origin marking satisfies the
requirements of 19 U.S.C. 1304. It must appear in a conspicuous
location in lettering of at least five points. (A point is a
unit of type measurement equal to 0.01384 inch or nearly 1/72
inch, and all type sizes are multiples of this unit.) In order
to be in a conspicuous place, the marking must be visible to the
ultimate purchaser prior to purchase.
Sincerely,
John Durant, Director