Country of origin marking of pvc belts; substantial transformation; 19 CFR 135.35(a).

N167919 June 21, 2011 MAR-2:OT:RR:NC:N3:348 CATEGORY: Marking Ms. Angela Santos Grunfeld, Desiderio, Lebowitz Silverman & Klestadt LLP 399 Park Avenue 25th Floor New York, NY 10022 RE: Country of origin marking of pvc belts; substantial transformation; 19 CFR 135.35(a). Dear Ms. Santos: In your letter dated May 23, 2011, on behalf of your client, The Jones Group Inc., you requested a country of origin marking ruling. Samples were submitted for our examination. The samples are being returned to you as requested. The submitted samples are pvc belts, Style no.51931, in sizes 2-18. The manufacturing processes for these belts are as follows: China A small and large strap is manufactured. The small strap measures approximately 47 inches in length and 1.5 inches wide. The large strap measure approximately 53 inches in length and 1.5 inches wide. Both straps are decorated with rivets. The small strap contains two decorative sections each containing 6 rows of rivets. Each section is spaced approximately 12.5 inches apart from one another. The large strap also contains two sections of rivets. Each section on the large strap is spaced approximately 17 inches apart. The tip of each strap is shaped into a point on one end and left straight on the opposite end creating an unfinished belt. An additional pvc strap measuring approximately 0.5 inches wide will be manufactured and used for belt loops. It is not shaped on either side. The unfinished belt and the pvc strap used for the belt loops will be exported to Egypt. Egypt The small unfinished belts will be measured and cut to the length on a size specific basis. The small unfinished belts will be used to manufacture sizes 2 to 8. The large unfinished belt will be used to manufacture sizes 10 to 18. The small and large unfinished belt will be measured and marked for belt holes and punched by a hand held instrument. A buckle tong slot is punched to accommodate the attachment of the belt buckle. Three holes are punched for the rivets that secure the buckle portion of the belts. The unpointed end of the belt strap is looped, the buckle affixed, and the rivets attached to secure the belt buckle. The strap for the belt loops is cut to size from a roll and hand stitched to the belt. ISSUE: What is the country of origin of the imported belts? LAW AND ANALYSIS: Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, and permanently as the nature of the article (or 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 of 19 U.S.C. 1304. Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production or growth of any article of foreign origin entering the U.S. 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 the marking laws and regulations. For country of origin marking purposes, a substantial transformation of an imported article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the imported article. If the manufacturing or combining process is a minor one which leaves the identity of the imported article intact, a substantial transformation has not occurred and an appropriate marking must appear on the imported article so that the consumer can know the country of origin. See Uniroyal Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026 (CIT 1982). Assembly operations which are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. See C.S.D. 80-111, C.S.D. 85-25, and C.S.D. 90-97. HOLDING: The merchandise, in their condition as imported into Egypt, posses characteristics of a belt and are not capable of being processed into products other than belts. The processing in Egypt does not transform a multifunctional article into one suited for a particular use. The belts do not emerge as a new and different article with a distinctive name, character and use different from that possessed by the product manufactured in China. Therefore, pursuant to 19 CFR 134.1(b), the country of origin of the belts will be China. This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Rosemarie Hayward at (646) 733-3064. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division