The Country of Origin Marking of Sunglass Components

N311517 May 20, 2020 MAR-2 OT:RR:NC:N2:212 CATEGORY: MARKING Rick Van Arnam Barnes, Richardson and Colburn, LLP 100 William Street New York, NY 10038 RE: The Country of Origin Marking of Sunglass Components Dear Mr. Van Arnam: This is in response to your letter dated April 29, 2020, requesting a country of origin marking ruling on behalf of your client, Summer Hawk Optics, Inc. The request concerns whether non-prescription sunglass lenses and frames, imported into the United States and assembled into finished sunglasses, are exempt from individual marking requirements. In your request, you state that non-prescription sunglass lenses are imported into the United States from China. These lenses may be cut to shape and ready to be fit into a specific style of frame or uncut and in need of further processing at the time of importation. If the lenses are in an uncut state, they are sent to a third party location in the U.S. to be shaped to fit their respective frame prior to being sent to the U.S. manufacturing facility. The sunglass frames are imported from either China or Taiwan and sent directly to the U.S. manufacturing facility. You state that most are imported as completed frames while a small portion are unassembled fronts, temples, and nose pads. In this case, the unassembled frames are assembled at the U.S. facility prior to the incorporation of lenses. The constituent sunglass parts are assembled into completed sunglasses at the U.S. manufacturing facility upon receipt of a customer’s order. The sunglasses are then inspected for defects and packaged prior to being shipped to the retailer. 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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35 Based upon the information presented, it is the opinion of this office that the frames and lenses are substantially transformed into a new and different article of commerce in the United States. As such, the U.S. manufacturer is considered the ultimate purchaser per 19 CFR 134.1(d)(1). Pursuant to 19 CFR 134.35, the imported parts are excepted from individual marking and only the outermost container is required to be marked with the country of origin. 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 Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division