THE COUNTRY OF ORIGIN MARKING OF OIL DIFFUSER ARTICLES

N293835 February 21, 2018 MAR-2 OT:RR:NC:N4:422 CATEGORY: MARKING Ms. Keri Ann Gollance Penny & Rose LLC 4701 Waverly Ave #21 Garrett Park MD 20896 RE: THE COUNTRY OF ORIGIN MARKING OF OIL DIFFUSER ARTICLES Dear Ms. Gollance: This is in response to your letter dated January 26, 2018, requesting a ruling on whether the proposed marking of two oil diffuser articles is an acceptable country of origin marking for those imported articles when the oil is added domestically to complete the set. A marked sample was not submitted with your letter for review. The two items are described as follows: Ceramic Flower Oil Diffuser Set – This item is comprised of a decorative ceramic flower attached to a decorative ceramic plate and a glass bottle, all made in China, that are all packaged in a gift set box made in China. Aromatherapy/diffuser oil will be filled into the glass bottle in the USA. Your company will purchase the oil domestically and that oil will be a blend of mostly foreign oil with domestic oil. The proposed marking on the gift box will be as follows: Countries of Origin: Packaging, bottle and ceramic flower made in China Oil formulated and manufactured in the USA with imported and domestic oils Set assembled in the USA Paper Flower Oil Diffuser Set – This item is comprised of a glass bottle and packaging gift set box made in China. The bottle and the gift box will be packaged separately. Once imported, a paper flower that is made in Thailand will be added to the gift box, along with the bottle. Aromatherapy/diffuser oil will be filled into the glass bottle in the USA. Your company will purchase the oil domestically and that oil will be a blend of mostly foreign oil with domestic oil. You have proposed that each bottle will have a sticker on the bottom that states: “Bottle made in China.” The proposed marking on the gift box will be as follows: Countries of Origin: Packaging and bottle made in China, Paper flowers made in Thailand. Oil formulated and manufactured in the USA with imported and domestic oils Set assembled in the USA 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. If conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, the proposed marking of the imported articles as described above will be an acceptable country of origin marking for the imported articles. However, determination as to the acceptability of references in the proposed marking to the country of origin of articles that are not included in the importation would fall under the jurisdiction of the Federal Trade Commission (FTC). Consequently, any inquiries regarding that portion of the marking should be directed to the FTC at the following address: Federal Trade Commission, 6th & Pennsylvania Avenue, N.W., Washington, D.C. 20508. 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 Gary Kalus at gary.kalus@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division