MAR-2 RR:NC:MM:114: J85665
Mr. Derek DeMeo
Expeditors International of Washington, Inc.
1136 South 3600 West
Salt Lake City, UT 84104
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED SUNGLASSES FRAMES
Dear Mr. DeMeo:
This is in response to your letter dated June 5, 2003, on behalf of Smith Sport Optics, Inc., requesting a ruling on whether imported sunglass frames are required to be individually marked with the country of origin if they are later to be processed in the U.S. by a U.S. manufacturer. A sample was submitted with your letter for review.
The imported goods are sunglass frames and lens blanks. The frames will be manufactured in France, Italy and China. They will be imported into the US in plastic bags and the outside of the shipping cartons will be marked to indicate Made in France, Italy or China as applicable.
The lens blanks will be imported from France or Italy. The blanks will be imported in cartons marked Made in France or Italy as applicable.
Smith Sport Optics is the ultimate purchaser. After importation, the lenses will be cut to shape. After cutting to shape, the lenses will be cleaned, inspected and installed into the frames.
Smith Sport Optics wishes to import the sunglass frames without individually marking the country or origin on each frame. They believe that a substantial transformation occurs in the United States after importation. Section 134.35, Customs Regulations (19 CFR 134.35), is cited which provides that the manufacturer or processor in the US who converts or combines the imported article into a different article having a new name, character or use will be considered the ultimate purchaser of the imported article within the meaning of Section 304 (a) of the Tariff Act of 1930, as amended, and that the article is excepted from individual marking. The outermost containers of the imported articles must be marked with the country of origin.
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 in the U.S. 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 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states 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 of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. 19 CFR 134.35 is noted.
In this case, the imported sunglass frame is substantially transformed into an article with a new name, character or use as a result of the U.S. processing, and therefore the U.S. manufacturer is the ultimate purchaser of the imported sunglass frames. Under 19 CFR 134.35 only the containers that reach the ultimate purchaser are required to be marked with the country of origin.
The samples are being returned as requested, however, representative samples of the sunglasses, the sunglass frame and the lens blanks are being retained by this office for official purposes.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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, contact National Import Specialist Barbara Kiefer at 646-733-3019.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division