Country of origin marking of sapphire nail files.

HQ 735260 November 10, 1993 MAR-2-05 CO:R:C:V 735260 RC CATEGORY: MARKING Mr. Robert Persily Freight Brokers International, Inc. 1200 Brunswick Avenue Far Rockway, NY 11691 RE: Country of origin marking of sapphire nail files. Dear Mr. Persily: This is in response to your letter of June 3, 1993, requesting a ruling on the country of origin marking requirements for sapphire nail files manufactured in Germany. FACTS: Your client, the La Cross Division of Del Laboratories, imports sapphire nail files made in Germany into the U.S. where they are finished with U.S. plastic handles. A sample finished file has been submitted. The sample file handle has the letters "USA" molded into the plastic handle in lettering of approximately 5 points, in non-contrasting colors. (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). You propose, in lieu of die stamping or etching the actual imported files, etching or injection molding the plastic handles with the word "GERMANY". ISSUE: Whether indicating "GERMANY" on the U.S. manufactured plastic file handle in lieu of on the German file itself is acceptable under 19 U.S.C. 1304 and 19 CFR Part 134. 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 in the U.S. the English name of the country of origin of the article. 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. 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" for marking purposes. An article used in manufacture resulting in a new article having a different name, character, or use will be considered substantially transformed. In this instance, the attachment of a plastic handle to the imported file and other processing does not effect a substantial transformation, and the completed article remains subject to marking under section 304 as a product of Germany. Thus, the only issue to be resolved is the appropriate method of marking this article. You propose not to mark the metal files, but rather to mark either the plastic handle by raised injection molded or etched lettering, or to mark the package. We find that the marking "Germany" on the sample plastic handle is legible based on the relief of the letters, the size and style of print, and the location, the format, etc. It is permanent and indelible because it is injection molded. Given the small size of the files, we think lettering in at least 5 points is sufficient. It would be necessary to mark the product card also only if the marking on the file is not visible and if a geographic location other than the country of origin is indicated on the product card. In the latter instance, it would be necessary to mark the cards with "Germany" preceded by "Made in", "Product of" or like words. Given that the marking is to be performed after importation, it will be necessary to satisfy the district director, pursuant to 19 CFR 134.34, that the finished article will be properly marked prior to sale in the U.S. HOLDING: The proposal to mark the finished nail file by marking "GERMANY" on the U.S. manufactured plastic handles, in lettering of at least 5 points by injection molding or etching, will satisfy the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The district director of Customs must be satisfied, pursuant to the requirements of 19 U.S.C. 134.34, that the finished files will in fact be marked in this manner. Sincerely, John Durant, Director