COUNTRY OF ORIGIN MARKING OF FRAGRANCES IMPORTED FROM UNITED ARAB EMIRATES

N256913 October 1, 2014 MAR-2 OT:RR:NC:4:414 CATEGORY: MARKING Mr. Peter W. Klestadt GDLSK 399 Park Avenue 25th Floor New York, NY 10022 RE: COUNTRY OF ORIGIN MARKING OF FRAGRANCES IMPORTED FROM UNITED ARAB EMIRATES Dear Mr. Klestadt: In your letter dated August 28, 2014, you requested a ruling on the country of origin marking requirements for perfumes on behalf of your client Parfums de Coeur, LTD (PDC). Representative samples were submitted with your letter and will be returned. Complete perfume bases from France, Germany, and the United Kingdom are sent to the United Arab Emirates (UAE) for dilution with alcohol and water. You state that each base represents a unique scent and will never be combined with other perfume bases. The blending process will produce eau de parfums, eau de toilettes and colognes dependent upon the amount of perfume oil base used in the production. The blending process decreases the viscosity of the fragrances so that they may be applied via a spray mechanism. You have indicated that some of the blended fragrances will be left standing for 0 to 8 days and others will be cooled and filtered before packaging. You state that no chemical changes occur during the mixing and resting processes. The blends are then packaged in either aerosol spray cans to which propellants are added or pump spray bottles. All bottles and cans are from China. A similar issue was addressed in Headquarters ruling HQ H175959. 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, U.S. Customs and Border Protection Regulations (19 C.F.R. §134) implements the country of origin marking requirements and exceptions of 19 U.S.C. § 1304. Section 134.1(b), CBP Regulations (19 C.F.R. § 134.1(b)), defines “country of origin” 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 [the marking laws and regulations].” For country of origin marking purposes, a substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. However, a substantial transformation will not result from a minor manufacturing or combing process that leaves the identity of the article intact. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (1940).We find that the processing of perfume oil bases in the UAE into the finished fragrances does not constitute a substantial transformation for country of origin marking purposes under 19 U.S.C. § 1304. While the finished fragrances are made suitable for spraying by diluting perfume oil bases, they retain the same chemical identity and character as the precursor perfume oil bases. In this case, mere changes in concentration and viscosity do not result in a substantial transformation, despite the fact that the processing operations in UAE make the fragrances suitable for human application. Therefore, for the purposes of 19 U.S.C. § 1304, the country of origin of perfume oil bases, which determines the essential character of the fragrances, remains that of the perfume bases; namely France, Germany, and/or the United Kingdom. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130, or by visiting their website at: www.fda.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 Barbara Kiefer at barbara.j.kiefer@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division