The country of origin of a Cool Shell Mini-Diffuser

N342889 October 22, 2024 OT:RR:NC:N3:140 CATEGORY: Origin Jada Fox Energizer Holdings Inc. 533 Maryville University DRSt. Louis, MO 63124 RE:  The country of origin of a Cool Shell Mini-Diffuser Dear Ms. Fox: In your letter dated September 26, 2024, you requested a country of origin ruling on a Cool Shell Mini Diffuser. The merchandise under consideration is described as a Cool Shell Mini-Diffuser air freshener marketed for use in vehicles. The diffuser attaches to a vehicle’s vent and uses the vehicle’s climate control system to reduce odors and deliver a refreshening fragrance. You indicate that the manufacturing of the Cool Shell Mini Diffuser is a four-step process as described below. Step 1 In China, a fragrance oil, made in China, is blended with 20 or more chemicals including stabilizers, preservatives, solvents, colorants, helper agents, and evaporation modifiers, sourced from various countries, creating a fragrance compound. You indicate that the fragrance compound is exclusively designed to work with the diffuser and will not emit the same scent intensity and aroma if used in a different format. Step 2 In Thailand, the component parts of the Cool Shell Mini Diffuser’s outer housing are manufactured. The following parts are made through injection molding with resin from Taiwan: scent dialer, back housing, front housing, and clip. The scent dialer allows the user to control the intensity of the scent emitted. The back and front housing create the outer structure of the diffuser to house the capsule (describe in the third step). The clip is attached to the back housing and is used to affix the diffuser to the vehicle’s vent. Step 3 In Thailand, plastic film, made in China, is cut to shape and filled with the fragrance compound, made in China, to create the capsule. Laminated foil, made in China, is cut to shape and adhered to the back of the capsule as a covering and pull tab. The covering seals the fragrance, and the pull tab allows the consumer to remove the foil covering allowing the capsule to emit its fragrance. Step 4 In Thailand, the capsule and housing components are assembled to create the Cool Shell Mini Diffuser. It is placed in clear plastic blister packaging, made in Thailand. A paperboard backer card, made in Thailand, with brand and product information is placed at the back of the packaging. Finally, a scratch and sniff sticker, made in the United States, is placed on the blister packaging to allow the retail customer to smell the scent prior to purchasing the item. 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. The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part." The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character or use, different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 69 C.C.P.A. 151 (1982). With respect to the subject product, we have determined that the processes performed in Thailand do not result in a substantial transformation of the product’s core component (fragrance). Therefore, in our opinion, the country of origin for the subject product is China. 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 Merari Ortiz at merari.ortiz@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division