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

N335485 October 2, 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 September 22, 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 finished 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 acetate-based spectacle frames, which are comprised of foreign components from Italy, China, and Germany. A semi-finished acetate eye front slab is sourced from either Italy or China. This piece is presented in varying forms, but in all cases is a solid piece of acetate that will need further work to become an eyeglass front. This slab is cut and molded into the desired shape and an acetate finish is added to the outside. The temples are then formed using the acetate slab and the same procedure. A core wire of German origin is inserted into the temples and German hinges are added to the outside of the fronts. The temples and fronts are then assembled together to create the finished frames. The finished frames are then packaged and moved to a warehouse where they will be sent to eyecare professionals to create prescription glasses based on the needs of a customer. The second items are described as finished acetate-based Plano sunglasses, which are comprised of foreign components from Italy, China, Germany, and Taiwan. The manufacture of the sunglasses begins with the identical process described above in creating the frames. The semi-finished acetate slabs, in this instance, are also sourced from China or Italy. Next, the sunglass lenses are created using uncut plastic lenses imported from China, Taiwan, and Italy. These lenses are cut and ground to the proper shape before they are inserted into the finished frames. The finished sunglasses are then cleaned, packaged, and sent 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 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Luke LePage at luke.lepage@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division