Country of origin of 4 Play-Doh playsets

N304262 June 5, 2019 MAR-2-34:OT:RR:NC:N3:136 CATEGORY: Origin Alexandra Cohen Hasbro, Inc. 1027 Newport Avenue Pawtucket, RI 02861 RE: Country of origin of 4 Play-Doh playsets Dear Ms. Cohen: In your ruling request dated April 24, 2019, you requested a country of origin ruling on 4 Play-Doh playsets. You describe the 4 products at issue as playsets, designed for the amusement of children 3 years of age and older. Product # 1. Item # E4902 “Play-Doh Mini Classics Assortment” consists of 3 popular Play-Doh mini sets, including “Play-Doh Mini Fun Factory,” “Play-Doh Mini Crazy Cuts,” and “Play-Doh Mini Doctor Drill N’ Fill.” The components within each mini assortment are as follows: “Play-Doh Mini Fun Factory” consists of 2 cans of Play-Doh modelling compound, 1 plastic Play-Doh extruder tool, 1 plastic knife, and 3 plastic Play-Doh shape mold rails. “Play-Doh Mini Crazy Cuts” consists of 2 cans of Play-Doh modelling compound, 1 plastic Play-Doh character thimble, 1 plastic pair of Play-Doh scissors, and 1 plastic Play-Doh razor. “Play-Doh Mini Doctor Drill N’ Fill” consists of 2 cans of Play-Doh modelling compound, 1 plastic toothbrush, 1 plastic base, 1 plastic drill, and 1 plastic tooth mold. All components in the Play-Doh sets are designed to be used in conjunction with the modelling compound to contribute to the overall play experience of children. You state that the accessories directly contribute to the play value by allowing the children to immerse themselves in the three different creative Play-Doh experiences featured in each mini set. Product # 2. Item # E3342 “Play-Doh Role Play Tools Assortment” consists of 3 cans of Play-Doh modelling compound, 1 plastic hammer rolling stamper, 1 plastic saw tool, 1 plastic tape measure rolling stamper, 1 plastic screwdriver cutter, 1 plastic wood texture roller, and 1 plastic wrench extruder rail tool. All components in the Play-Doh set are designed to be used in conjunction with the modelling compound to create a role play experience for children as they use the Play-Doh construction tools to build their own unique creations. Product # 3. Item # E5400 “Play-Doh Wheels – Crane and Forklift” consists of 3 cans of Play-Doh modelling compound, 1 plastic crane and rail, and 1 plastic toy forklift truck. All components in the Play-Doh set are specifically designed to be used in conjunction with the modelling compound for children to role play as they build and maneuver around their own Play-Doh construction zone. Product # 4. Item # E4294 “Play-Doh Wheels – Excavator and Loader” consists of 3 cans of Play-Doh modelling compound, 1 plastic toy excavator truck, and 1 plastic toy front-end loader truck. All components in the Play-Doh set are designed to be used in conjunction with the modelling compound to create an immersive play experience for children. Your submission indicates that, except for the Play-Doh cans of modelling compound, the above described playsets are manufactured in Vietnam from raw materials and packaged for retail sale at time of export to the United States. The Play-Doh cans of modelling compound and lids are manufactured in China and shipped to Vietnam to be added as components of the playsets. In 19 C.F.R. § 134.1(b), “country of origin” is defined 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 this part.” With respect to the 4 Play-Doh sets at issue, the addition of the cans of Chinese manufactured Play-Doh modelling compound to the Vietnam manufactured components, results in a new product having a distinctive name, character, or use. Therefore, in our opinion, for duty purposes, the country of origin for the subject products is China. 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.As the individual components of the 4 subject playsets do not lose their identity as a result of being packaged together as retail-ready sets, the external packaging of the sets should be marked in a conspicuous manner to indicate the country of origin of each individual component contained within the sets. Accordingly, the sets should be marked “Packaged in Vietnam with goods from Vietnam and China.” The individual cans of Play-Doh modelling compound should be marked “Made in China.” This merchandise may be subject to the laws and regulations of the Consumer Product Safety Act. Import compliance information may be obtained by contacting the U.S. Consumer Product Safety Commission (CPSC) at 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7912 This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Nuccio Fera at nuccio.fera@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division