The Country of Origin Marking of Phthalocyanine Green 7 (CAS-1328-53-6) and Phthalocyanine Green 36 (CAS-14302-13-7) pigments from Japan

N172735 September 27, 2011 MAR-2 OT:RR:NC:2:238 CATEGORY: MARKING Mr. Ned H. Marshak Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 399 Park Avenue 25th Floor New York, NY 10022-4877 RE: The Country of Origin Marking of Phthalocyanine Green 7 (CAS-1328-53-6) and Phthalocyanine Green 36 (CAS-14302-13-7) pigments from Japan Dear Mr. Marshak: This is in response to your letter dated June 23, 2011, requesting a country of origin marking ruling on behalf of your client, Toyo Ink Manufacturing America, LLC. We apologize for the delay as the information submitted was sent to our laboratory for analysis. In your letter, you state Phthalocyanine Green 36 and Phthalocyanine Green 7 are processed in Japan from crude Phthalocyanine Blue (CAS # 147-14-8). You state that the source material is imported from various countries into Japan where it is subjected to a chemical process to produce Phthalocyanine Green 7 and Phthalocyanine Green 36 (also known as Pigment Green 7 and Pigment Green 36, respectively). The chemical process performed in Japan to produce the crude Phthalocyanine Blue into Phthalocyanine Green 7 and Phthalocyanine Green 36 undergoes a chemical reaction which alters its chemical structure. As a result, Phthalocyanine Green 7 and Phthalocyanine Green 36 have distinct chemical formulas, names, and unique Chemical Abstract Services ("CAS") numbers and differ in color from that of the starting crude Phthalocyanine Blue. The marking statute, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C 1304), provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, 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 and exceptions of 19 U.S.C. 1304. Section 134.1(b) defines the 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 this part." A substantial transformation occurs when articles lose their identity and become articles having a new name, character or use. United States v. Gibson-Thomsen Co., 27 CCPA 267 at 270 (1940), National Juice Products v. United States, 10 CIT 48, 628 F. Supp. 978 (CIT 1986). You contend that substantial transformation has occurred as a result of the processing performed in Japan. We agree. In this case, we find that Phthalocyanine Green 7 and Phthalocyanine Green 36 emerges as a new product of commerce having a distinct chemical structure, chemical formula, chemical abstract number (CAS #) and distinct color from the crude Phthalocyanine Blue. Based on the foregoing, Phthalocyanine Green 7 and Phthalocyanine Green 36 are products of Japan 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 at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division