COUNTRY OF ORIGIN MARKING OF IMPORTED “BOWL FILLER” (DECORATIVE PLANT PARTS) PACKAGED IN MEXICO; ARTICLE 509

N264499 May 20, 2015 MAR-2 OT:RR:NC:N2:231 CATEGORY: MARKING Ms. Marissa Sanders Pier 1 Imports (U.S.) Inc. 100 Pier 1 Place, Level 11 Fort Worth, Texas 76102 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED “BOWL FILLER” (DECORATIVE PLANT PARTS) PACKAGED IN MEXICO; ARTICLE 509 Dear Ms. Sanders: This is in response to your letter dated May 6, 2015 requesting a ruling on the country of origin marking requirements for an imported article which is processed in a NAFTA country prior to being imported into the U.S. An unmarked sample was submitted with your letter for review and is being returned to you as requested. The sample is a selection or assortment of various decorative natural plant parts packaged together in a transparent four-inch cubical acetate box. The included items are as follows: Several sprigs of green foliage identified as “Salignum.” Origin: South Africa. Five tree-branch sections, each approximately one inch in diameter and two inches in length, identified as “White Birch.” Origin: U.S.A. Several pinecones identified as “Lodge Cones.” Origin: U.S.A. Two pinecones identified as “Austriaca Cones.” Origin: Italy. About one dozen small red spheres, each approximately one-half inch in diameter, identified as “Mini Orange Seeds.” Origin: Kenya. The above-described assortment is described as “bowl filler” (SKU 2969664). It appears that the various items would not necessarily be used together, and could be used separately for decorative purposes in different settings. You have outlined a scenario in which the different items will be sun-dried in the respective countries in which they are grown. They will then be shipped to Mexico, where they will be packed together in the acetate boxes as described above prior to being imported into the United States. You state that “there is no additional work occurring in Mexico other than being packed into the acetates and labeled with the relevant artwork.” Although in your letter you sometimes refer to the Mexican procedure as an “assembly” operation, we find that it is merely a packaging operation. 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. The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.1(b) of the regulations, 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 this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. Section 134.1(j) of the regulations provides that the “NAFTA Marking Rules” are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations defines a “good of a NAFTA country” as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations, provides that a “good of a NAFTA country” may be marked with the name of the country of origin in English, French or Spanish. You state that the imported “bowl filler” is processed in a NAFTA country prior to being imported into the U.S. Since Mexico is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported “bowl filler” is a “good of a NAFTA country,” and thus subject to the NAFTA marking requirements. Part 102 of the regulations sets forth the “NAFTA Marking Rules” for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations sets forth the required hierarchy for determining country of origin for marking purposes. Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported boxed “bowl filler” is a good of South Africa, Italy, Kenya and the United States for marking purposes. The acetate boxes must therefore be marked with a phrase such as “Contains Products of South Africa, Italy and Kenya.” The inclusion of the United States within that phrase is not required but would be permissible for CBP purposes (e.g., “Contains Products of the United States, South Africa, Italy and Kenya”). Please be aware, however, that references to products of U.S. origin are within the jurisdiction of the Federal Trade Commission. You may contact them at 600 Pennsylvania Ave., NW, Washington, DC 20580, for further information. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 Nathan Rosenstein at the email address nathan.rosenstein@cbp.dhs.gov. Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, Bureau of Customs and Border Protection, 90 K Street, N.E., Washington, D.C. 20229-1179. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division