The country of origin marking of components for spectacle frames and sunglasses

N333875 July 25, 2023 MAR-2:OT:RR:NC:N2:212 CATEGORY: Marking Rick Van Arnam Barnes, Richardson & Colburn, LLP 100 William Street, Suite 305New York, NY  10038 RE: The country of origin marking of components for spectacle frames and sunglasses Dear Mr. Van Arnam: In your letter dated July 7, 2023, you requested a ruling on an exception from country of origin marking requirements for various imported articles on behalf of your client, Europa Eyewear. The merchandise at issue is described as spectacle frames and plano, or non-prescription, sunglasses manufactured in the United States using components imported from various countries. In your request, you described the importation and manufacturing procedures for the subject merchandise as detailed in the following paragraphs. The first items are described as Wire-Based Spectacle Frames, which are comprised of foreign components sourced from Germany and China. German origin wires are cut and bent to the desired shape of frame fronts, which are then completed by attaching the nose bridge and brace wire of German origin. Then the temples are created using U.S. origin temple rod stock and Chinese origin temple tips. The temples will be affixed to the semi-finished frame fronts and further processing is performed such as polishing, pad printing, and electroplating of the frame. The finished spectacle frames are inspected, packaged, and stored in Europa’s warehouse. The frames will be sold as spectacle frames to customers needing prescription eyeglasses and will eventually be paired with prescription lenses by eye care professionals. The second items are described as Wire-Based Plano Sunglasses, which are comprised of foreign components sourced from Germany, China, Italy, and Taiwan. The manufacturing process begins using the same process described above related to the Wire-Based Spectacle Frames. The plano lenses are manufactured using uncut plastic plano blanks from China, Taiwan, or Italy. The imported uncut plano lens blanks are moved to the cutting station where they are further processed and cut into shape. The finished lenses are manually inserted into the spectacle frame and the finished plano sunglasses are inspected, cleaned, packaged, and moved to Europa’s warehouse. The third items are described as Acetate-Based Spectacle Frames, which are comprised of cellulose acetate from Italy or China and various metal components from Germany. The acetate sheet is cut using a CNC machine tool in the desired shape of the frame fronts and semi-finished temples. The semi-finished frame fronts go through additional steps to form the bridge bump, nose pad and mounting points for hinges. The semi-finished temples are heated in order to insert a core wire from Germany to reinforce the acetate temple. The hinge is then attached to the core wire portion of the temple. Then the semi-finished frame fronts and the temples are screwed together using the hinges from Germany. Depending on the brand, a type of metal decoration or décor from Italy or China may be applied. The finished frames are polished, hand-filed, inspected, packaged, and moved to the warehouse for storage. The frames will be sold as spectacle frames to customers needing prescription eyeglasses and the frames will eventually be paired with prescription lenses by eye care professionals. The last items are described as Acetate-Based Plano Sunglasses, which are comprised of the finished acetate frames described above as well as plano lenses from China, Taiwan, or Italy. The plano lenses are manufactured using uncut plastic lens blanks. The imported uncut plano lens blanks are moved to the cutting station where they are further processed and cut into shape. The finished lenses are manually inserted into the spectacle frames and the finished acetate sunglasses are inspected, cleaned, packaged, and moved to Europa’s warehouse. 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.)Pursuant to section 134.35(a), Customs Regulation (19 CFR 134.35), an imported article that is substantially transformed in the U.S. is excepted from individual country of origin marking and only the outermost containers of the imported articles must be marked with country of origin. An article is substantially transformed if it is “so processed in the U.S. that it loses its identity in a tariff sense and becomes an integral part of a new article having a new name, character and use.” U.S. v. Gibson-Thomsen Company, Inc. 27 CCPA 267 (1940). As a result of the manufacturing process performed by Europa Eyewear and in accordance with the above decision, we find that the foreign origin imported spectacle frame components, when incorporated with other components to produce finished spectacle frames and sunglasses, are substantially transformed into articles with a new name, character, or use. In accordance with 19 CFR 134.35(a), Europa Eyewear is the ultimate purchaser of the spectacle frame components and they are excepted from individual marking so long as the port director at the port of entry is satisfied that the components are imported in properly marked containers and the ultimate purchaser, Europa Eyewear, will receive the components in these containers. Please be aware that each ruling request stands on the set of facts presented with this case and is only meant to be binding to those specific items and processes presented herein. Though a process used to manufacture like items may be substantially similar, any alteration to the above described processes and procedures, would necessitate a review of the specific facts within the context of another ruling letter.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 Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division