THE COUNTRY OF ORIGIN MARKING OF BERARD OLIVE PEPPER MILL.

N264628 June 10, 2015 MAR-2 OT:RR:NC:N4:234 CATEGORY: MARKING Ms. Ruby Chan Williams-Sonoma, Inc. 151 Union Street San Francisco, CA 94111 RE: THE COUNTRY OF ORIGIN MARKING OF BERARD OLIVE PEPPER MILL. Dear Ms. Chan: This is in response to your letter dated May 6, 2015, requesting a ruling on whether the proposed marking "Made in China” or “Made in China, Assembled in Albania” is an acceptable country of origin marking for importing the Berard Olive Pepper Mill. A marked sample was not submitted with your letter for review. The Berard Olive Pepper Mill in question is designed for use by the consumer. The manufacturing process takes place in three locations-China, Albania and France. In China, the material will undergo the following operations: -The grinding mechanism is made of stoneware. In Albania, the material will undergo the following operations: -The olivewood housing is formed. -The vendor assembles/manufacture the grinding mechanism and the olivewood housing to form a new product the “pepper mill”. -The pepper mill is then sent to France. In France, the material will undergo the following operations: -The vendor reviews the pepper mills to ensure quality of the products. -The Pepper mill is wrapped with plastic film. -The label with the country of origin and sku# is applied on the plastic film -The mill will be sold to the customers with the plastic film intact. -The product will be exported from France to the United States. The final assembly/manufacture process takes place in Albania. You ask whether it is acceptable to mark the product “Made in China” or Made in China, Assembled in Albania” for the Berard Olive Pepper Mill. Part 134, Customs Regulations (19 C.F. R. §134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. § 1304. Section 134.1(b) defines “country of origin” as the country of manufacture production or growth of any articles 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 Part 134. A substantial transformation occurs when an article emerges from a manufacturing process with a name, character, and use that differs from the original material subjected to the processing. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (C.A.D.98) (1940). 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Consistent with Customs Border Protection previous rulings, we find that the grinding mechanism from China is substantially transformed when assembled or further processed, thus creating a pepper mill from Albania. For purpose of 19 U.S.C. 1304 and 19 CFR Part 134, the Berard Olive Pepper Mill should be marking Made in Albania. 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 Albert Gamble at albert.gamble @cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division