OT:RR:NC:N3:140
Ladovia Yeldell
UPS
2031 S. Centennial Ave Aiken, SC 29803
RE: The country of origin and marking of Reach Dental Floss Mint Waxed
Dear Ms. Yeldell:
In your letter dated August 14, 2024, you requested a country of origin and marking ruling on behalf of your client, The Avon Company.
The merchandise under consideration is Reach Dental Floss Mint Waxed, Item 211895900. It consists of 55 yards of mint flavored dental floss packaged for retail sale.
You state that the dental floss is processed in the Dominican Republic using components from various sources. The yarn (dental floss) is from Brazil. The wax, sodium saccharin, peppermint, metal floss cutter, and the packaging film are from the United States. The core, insert, and dispenser are from Puerto Rico. The remaining packaging materials (labels, film, and paper insert) are from the Dominican Republic.
You provided a manufacturing flowchart illustrating the operations performed in the Dominican Republic. The yarn, wax, sodium saccharin, peppermint, core, metal floss cutter, insert, dispenser, and packaging film are sent to the Dominican Republic. In the Dominican Republic the process begins with the manufacturing of the kingspool. You indicate that the pre-weighed materials (wax, sodium saccharin, and peppermint) are mixed, and the yarn (dental floss) flavored with the mix which results in the manufactured kingspool. Next, the kingspool and core are used to manufacture the bobbin according to product code and corresponding size. Then the metal floss cutter is assembled to the plastic insert. The final step consists of assembling the bobbin, cutter-insert, dispenser and various packing materials into the final product (Reach Dental Floss Mint Waxed 55YD).
The "country of origin" is defined in 19 CFR 134.1(b) 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 this part."
The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character or use, different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 69 C.C.P.A. 151 (1982).
Based on the submitted information, no substantial transformation occurs in the Dominican Republic. We find that the yarn (dental floss) does not undergo a change in name, character or use in the Dominican Republic. Therefore, the country of origin of the dental floss will be Brazil.
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.
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.
In order to meet the marking requirements, the dental floss must be conspicuously, legibly and permanently marked with the country of origin in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Since the dental floss is incapable of being marked, it is excepted (19 C.F.R. Section 134.32(a)). Accordingly marking the outer most container Product of Brazil in which the dental floss is imported and sold to the ultimate purchaser is an acceptable country of origin marking.
Based upon the photos provided, the subject product does not appear to be legally marked with the proper country of origin. The label indicates Yarn made in Brazil. However, it should be marked Made in, Product of, or other words of similar meaning with Brazil as the country of origin.
You also asked if changing the country of origin of the yarn from Brazil to another country would change the country of origin and the marking requirements of the dental floss. Please be advised we can only rule on specific merchandise, not on hypothetical situations.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 C.F.R. 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, please contact National Import Specialist Merari Ortiz at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division