THE COUNTRY OF ORIGIN MARKING OF BODY SPRAY MISTS

N306315 October 2, 2019 MAR-2 OT:RR:NC:N3:140 CATEGORY: MARKING Mr. Peter W. Klestadt Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 599 Lexington Avenue, Fl 36 New York, NY 10022 RE: THE COUNTRY OF ORIGIN MARKING OF BODY SPRAY MISTS Dear Mr. Klestadt: This is in response to your letter dated September 18, 2019, requesting a ruling on marking and country of origin for imported body spray mists on behalf of your client A.P. Deauville, LLC. A marked sample was not submitted with your letter for review. The imported products that are the subject of this country of origin ruling request are body spray mists. The first product marketed for men is called “Power Stick.” The second product marketed for women is called “Riptide.” Images of the two products were provided in your letter. In your request letter you provide the following pertinent information: ““The “Power Stick” and “Riptide” spray mists each contain only one perfume base. No additional fragrance or perfume oil will be added. In the transactions subject to this ruling request, A.P. Deauville will purchase the perfume base from a U.S. or Hong Kong supplier. The perfume base will be manufactured entirely in either the United States or Hong Kong. The perfume base will be shipped from the United States or Hong Kong to China. For both the Riptide and Power Stick sprays, the U.S. or Hong Kong origin perfume base will be blended with a solvent in a fixed percentage to make the final product in China. Both the Riptide and Power Stick spray undergo a simple mixing operation in which alcohol, water, solvents, propellants and perfume is measured as required and mixed together. No chemical reaction takes place. In some cases, the solution may be left standing for a certain specified period (between 0 and 8 days), in other cases cooled to a prescribed temperature, and filtered before the packaging operations. Thereafter, the blend will be put into a spray can to which propellants and aerosol valves are added. All packaging materials will originate in China. You state your opinion that the identity and use of the perfume base remains unchanged and is not substantially transformed based on the processes and additions indicated. Additionally you propose that the scent of the perfume, which you refer to as “the essence of the body spray and critical to the product’s consumer appeal,” provides the essential character of both products. You describe, that in the blending process, added “alcohol, water and solvents simply decrease the viscosity of the fragrances so that, with the addition of the propellants, they may be applied via a spray mechanism.” The finished “Power Stick” and “Riptide” Spray Mists will be mixed bottled, and placed in retail packaging in China. You suggest that the articles, which contain US Origin fragrance, as the essential character “do not require country of origin marking under the customs laws because they are U.S.-origin products that have not been substantially transformed in China.” We agree, that as no addition of other fragrance bases or perfumes occurs, that the country of origin for marking purposes will be that country where the single fragrance or perfume base is produced. In the instant case that will either be the United States or Hong Kong. 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. You have proposed, that for the “Power Stick” and “Riptide” spray mists with fragrance base originating in Hong Kong, labeling the spray mists as “Product of Hong Kong,” or alternatively, “Product of Hong Kong/blended and bottled in China.” Additionally you propose that when the perfume base originates in the United States, the finished “Power Stick” and “Riptide” spray mists will be exempt from country of origin marking requirements under 19 USC §1304 by application of 19 CFR §134.32(m). The proposed marking of imported “Power Stick” and “Riptide” body mists, as described above, is an acceptable country of origin marking for the imported body mists if conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The Federal Trade commission (“FTC”) has jurisdiction concerning the use of the phrase “Made in the U.S.A.,” or similar words denoting U.S. origin. Consequently, any inquiries regarding the use of such phrases reflecting U.S. origin should be directed to the FTC at the following address: Federal Trade Commission, 6th & Pennsylvania Avenue, N.W., Washington, D.C. 20508. You also asked if products of Hong Kong are subject to the Section 301 additional duties currently in effect. At this time, the additional duties imposed by the Section 301 remedy only apply to articles that are products of the People’s Republic of China (ISO Country Code CN). Imported goods that are legitimately the product of Hong Kong (HK) or Macau (MO) are not subject to the additional Section 301 duties.  Please note that Section 301 duties are based on country of origin, not country of export. Additional information on Section 301 duties can be found at: https://www.cbp.gov/trade/programs-administration/entry-summary/section-301-trade-remedies/faqs 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 Paul Hodgkiss at Paul.Hodgkiss@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division