MAR-2 RR: NC: 1:114
Mr. Jackson Hogen
Panoptx
1252 Quarry Lane, Suite A
Pleasanton, CA 94566
RE: THE COUNTRY OF ORIGIN MARKING OF SUNGLASS FRAMES, LENS BLANK, AND CASES.
Dear Mr. Jackson Hogen:
This is in response to your letter dated August 22, 2007, requesting a ruling on whether the sunglass frames, lens blanks, and cases 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. Samples were submitted with your letter for review.
The sample marked “A” is a sunglass frame without a lens, and is marked frame Taiwan.
The sample marked “B” is a sunglass frame with a mounted dummy lens, and is marked made in China.
The sample marked “C” is an uncut, unfinished sunglass lens blank, with no country of origin marking.
The sunglass case has no country of origin marking.
The sample marked “D” contains the finished sunglasses, the sunglass case, the sunglass strap and cleaning cloth in a cardboard box, which you refer to as the retail packaging.
Panoptx wishes to import the sunglass frames, sunglass frames with mounted dummy lens, and unfinished lens blank, without individually marking the country or origin on each frame and each lens back. You 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 frames, sunglass frames with mounted dummy lens and the unfinished lens blanks are 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, sunglass frames with mounted dummy lens and the unfinished lens blanks. Under 19 CFR 134.35 only the containers that reach the ultimate purchaser are required to be marked with the country of origin.
You have not stated whether you will be importing the sunglass cases. If they are imported, they will not be excepted from country of origin marking requirement since the sunglass cases are finished products at time of importation.
For your information, we are informing you of the marking requirements so that you may avoid any unnecessary delays or penalties upon importation.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §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 C.F.R. §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.
As provided in section 134.41(b), Customs Regulations (19 C.F.R. §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. In HQ 733940, of October 24, 1991, Customs Headquarters described certain factors that need to be considered in determining if the country of origin marking on an article is conspicuous within the meaning of 19 C.F.R. §134.41 and 19 U.S.C. §1304. Among the factors that should be considered are the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be large enough so that the ultimate purchaser can easily see the marking without strain. The location of the marking should be in a place where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a casual inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting letters to the background.
No single factor should be considered conclusive by itself in determining whether a marking meets the conspicuous requirement of 19 C.F.R. §134.41 and 19 U.S.C. §1304. Instead, it is the combination of these factors which determines whether the marking is acceptable. In some cases, a marking may be unacceptable even when it is in a large size because the letters are too hard to read or it is in a location where it would not be easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters particularly stand out, could compensate to make the marking acceptable.
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