COUNTRY OF ORIGIN MARKING OF IMPORTED MELAMINE BLOCKS

N243586 July 26, 2013 MAR-2 OT:RR:NC:N4:421 CATEGORY: MARKING Mr. Kevin Delaney Armaly Sponge Company dba Armaly Brands 1900 Easy Street P.O. Box 611 Walled Lake, MI 48390 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MELAMINE BLOCKS Dear Mr. Delaney: This is in response to your letter dated July 1, 2013, requesting a ruling on country of origin marking of foam blocks from Germany that are processed in the U.S. by a U.S. manufacturer. A sample was not submitted with your letter for review. The imported product consists of blocks of melamine foam manufactured in Germany that measure 98 inches by 49 inches by 20 inches. After importation the blocks will be cut into sheets and laminated to Estracell sponge material made in your Michigan factory. The laminated sheets will then be cut into consumer use sizes. You state that the most common consumer use size is 4.6 inches by 2.4 inches by 1.125 inches. Of the 1.125 inch thickness, .75 inch will be melamine foam and the remaining .375 inch will be Estracell sponge. The adhesive used to laminate the two materials together is made in the United States. The packaging and shipping materials are made and printed in the United States. 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. See, 19 CFR 134.35. In this case, the imported melamine foam blocks are substantially transformed as a result of the U.S. processing. Therefore, the U.S. manufacturer is the ultimate purchaser of the imported blocks and under 19 CFR 134.35 only the containers which reach the ultimate purchaser are required to be marked to indicate Germany as the country of origin. The further manufactured laminated consumer use size sheets are not required to be marked to indicate that the origin of the melamine block was Germany. It appears, however, that your interest may be whether the laminated consumer use sizes may be marked to show the United States as the country of origin. The determination of whether a product may be marked with indications of U.S. origin is under the primary jurisdiction of the Federal Trade Commission. Consequently, any inquiries regarding the use of phrases reflecting U.S. origin should be directed to the Federal Trade Commission (FTC), Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Information can also be found at the FTC website at www.ftc.gov. 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 Joan Mazzola at (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division