The Country of Origin Marking of a mixture of 70% Lanthanum Strontium Manganite, and 30% Manganese-Cobalt Oxide Powder.

N313347 August 20, 2020 MAR-2 OT:RR:NC:3:139 CATEGORY: MARKING Ms. Lydia Jiang Vital Group No.68 Huacheng Avenue Guangzhou, 510623 China RE: The Country of Origin Marking of a mixture of 70% Lanthanum Strontium Manganite, and 30% Manganese-Cobalt Oxide Powder. Dear Ms. Jiang: In your letter dated July 21, 2020, you requested a country of origin marking determination of a mixture of 70% Lanthanum Strontium Manganite and 30% Manganese-Cobalt Oxide Powder, filed on behalf of Bloom Energy Corporation. The processes involved in the manufacturing of the mixture is described below: Step 1: You indicate that you will purchase powder with “irregular granularity” in the USA (component content is 70% of Lanthanum Strontium Manganite and 30% of Manganese-Cobalt Oxide). The powder will be shipped to China for processing. In China, the granularity of the powder from the USA will be made more uniformed via physical processing such as a sieving machine. Step 2: You will purchase another form of powder with “uniform granularity” in Germany (component content is 70% of Lanthanum Strontium Manganite and 30% of Manganese-Cobalt Oxide, same as the one from the USA). The powder will be shipped to China. In China, the powder will be mixed with the powder purchased from the USA with a “physical process like blender machine”. Step 3: You state that you will get the mixed powder, 50% of which is from the USA and 50% from Germany. You inquired whether you should declare the country of origin of the mixed powder obtained from the above processes when shipped from China, as 50% USA and 50% Germany. 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 indicate that the mixing of the two Lanthanum Strontium Manganite and Manganese-Cobalt Oxide powders will involve only sieving, mixing and blending to achieve a uniform particle size. No additions or chemical reactions occur during processing. Customs has generally held that mere mixing of two substances in another country, not involving a chemical reaction and without additional processing, does not result in a product of such other country (See HQ 561986, 555248, 556064, and 555403). Coastal States Marketing, Inc. v. United States, 646 F. Supp. 255 (CIT 1986) held that blending Soviet gas oil and Italian fuel oil in Italy did not result in a substantial transformation and a product of Italy. Customs applied GN 3(f) [formerly GN 7(a)] for commingling merchandise and allowed segregating components using documents. The basic properties of each component in the processing described above remain essentially unchanged. It is our opinion that there is no substantial transformation of the starting materials. Therefore, each component retains its original classification and country of origin identity. Customs has allowed articles, which are commingled and randomly packaged to be marked with a phrase indicating all of the countries of origin, linked by the conjunctive "and" rather than the disjunctive "or," since this properly informs the ultimate purchaser of the foreign origin of the commingled merchandise inside. Therefore, the countries of origin for the mixed powder of Lanthanum Strontium Manganite and Manganese-Cobalt – that Lanthanum Strontium Manganite and Manganese-Cobalt (sieved, mixed, and blended together in China), obtained and processed as indicated above, will be Germany, and the United States. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S. You did not submit a marked sample or label for the instant merchandise. It is our opinion that each country from which the powders were obtained should be indicated on any shipping label, or containers, conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Please be aware that the specific product parameters and manufacturing processes may need to be verified at the time of importation to confirm any origin or marking claim. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov. 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