MAR-2 RR:E:NC:1:110
Mr. Jordan M. Willing
Insight Imports
1295 Munson Dr.
Ashland, OR 97520
RE: THE COUNTRY OF ORIGIN MARKING OF STRING LIGHT SETS.
Dear Mr. Willing:
This is in response to your letter dated May 23, 2007, requesting a ruling on whether the proposed marking “Made in China, Further Processed in Thailand” or “Made in China, Finished in Thailand” is an acceptable country of origin marking for imported string light sets. A marked sample was not submitted with your letter for review.
The imported merchandise is identified as “Decorative String Light Sets” under the names “Flower Lights,” “Rose Lights” and “Decorative String Lights.” These light sets consist of a twisted pair of insulated electrical conductors with lights equally spaced throughout the length of the string with a single two-prong electrical plug at one end. The individual lights on each set are decorated with covers made from real leaves or string. In HQ 963311, dated October 19, 2000, Customs cited Webster’s 3rd New International Dictionary of the English Language (unabridged; 1993), to define "garland" as "a wreath or festoon of leaves or flowers to be worn on the head or used to decorate an object." Based on this definition, Customs determined that "[a]n article is an electric garland if it [is] able to be hung or displayed and is composed of a string of light bulbs which are powered by an electrical source either attached by a power cord, battery or plug."
The string light sets are manufactured in China, and then exported to Thailand where real leaves harvested in Thailand or string decorations are assembled onto the light sets. The light sets are fully functional electric garlands at the time they are exported from China. The additional processing performed in Thailand does not change the name, character or use of the items.
Part 134, Customs Regulations (19 C.F.R. § 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. § 1304. Section 134.1(b) defines "country of origin" as the country of manufacture, production or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of Part 134. A substantial transformation occurs when an article emerges from a manufacturing process with a name, character, and use that differs from the original material subjected to the processing. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (C.A.D. 98) (1940).
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.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (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, section 134.44, Customs Regulations (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.
Consistent with CBP’s previous rulings, we find that the electric garlands from China are not substantially transformed when assembled or further processed with decorations from Thailand. For purposes of 19 U.S.C. 1304 and 19 C.F.R. 134, the Decorative String Light Sets must be marked to indicate China as the country of origin. The proposed country of origin marking “Made in China, Further Processed in Thailand” or “Made in China, Finished in Thailand”, for the imported decorative string light sets, are acceptable for country of origin marking 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 Thomas Campanelli at 646-733-3016.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division