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HQ 731398


October 4, 1989

MAR 2-05 CO:R:C:V 731398 pmh

CATEGORY: MARKING

Ms. Judy A. Blum
Drackett, Inc.
5020 Spring Grove Avenue
Cincinnati, OH 45232-1988

RE: Country of origin marking of mops consisting of domestic and imported components

Dear Ms. Blum:

This is in response to your letter of April 20, 1988, requesting a ruling on the proper country of origin marking requirements for mops which consist of both foreign and domestic components. We regret the delay in responding.

FACTS:

Drackett, Inc. (importer/manufacturer) manufactures mops. The mop head is imported from West Germany. The mop handle is made from both imported and domestic pieces; the metal base of the handle is U.S.-made. A plastic socket and locking ring, which connects the mophead to the handle, and a plastic hanging tip are all made in and imported from Italy. All the components, both imported and U.S.-made are combined in the U.S. to make the finished mop. When the mop is sold at retail, the mophead wrapper will bear the legend "Mop Head Made In West Germany." You have submitted a sample finished mop in a retail wrapper. On the sample wrapper the words "Mop Head Made In West Germany" are in letters approximately 1/8 of an inch in size and appear at the bottom of the wrapper, after the importer's name and domestic address.

Issue:

What the country of origin marking requirements for a mop manufactured in the U.S. with domestic and imported components.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by inspection of the marking on the imported goods the country of which the goods are a product. The evident purpose is to mark the goods so that at the time of the purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlander & Co., 27 C.C.P.A. 297 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. An ultimate purchaser is defined in section 134.1, Customs Regulations (19 CFR 134.1), as "generally the last person in the U.S. who will receive the article in the form in which it was imported." The regulations further provide 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.

According to U.S. v. Gibson-Thomsen Company, Inc., 27 C.C.P.A. 267, C.A.D. 98 (1940), a manufacturer is considered to be an ultimate purchaser if a manufacturing process is performed on an imported article so that the article is substantially transformed in that it loses its identity and becomes an integral part of a new article with a new name, character or use. The court determined that in such circumstances, the imported article is excepted from individual marking. Only the outermost container is required to be marked. See section 134.35, Customs Regulations (19 CFR 134.35).

In this case we find that combining the imported plastic components with the U.S.-made metal handle constitutes a substantial transformation. The imported plastic components lose their separate identity and become permanent, integral parts of a new article, i.e., the finished mop handle. Since the domestic
processing substantially transforms the imported plastic components into an article with a new name, character or use, they become products of the U.S. and are excepted from the country of origin marking requirements.

With regard to the imported mop head, we find that it does not undergo a substantial transformation when it is attached to the mop handle. The mop head retains its original name, character and use. Furthermore, the mop head is a separate component from the handle and can be removed and replaced. Consequently, we find that the mop head is required to be marked with its country of origin. Examination of the submitted sample reveals that the mop head wrapper conspicuously bears the name of the country of origin in compliance with 19 U.S.C. 1304. The name of the country of origin properly appears on the wrapper directly beneath the name and domestic address of the importer/manufacturer. See section 134.46, Customs Regulations (19 CFR 134.46.)

HOLDING:

For purposes of 19 U.S.C. 1304, the processing of imported plastic components in the manufacture of mop handles in the U.S. in the manner set forth above, constitutes a substantial transformation and the U.S. importer/manufacturer is considered the ultimate purchaser. Accordingly, the imported plastic components are excepted from country of origin marking under 19 CFR 134.35, provided the district director is satisfied that they will be used only in this manner and will not be otherwise sold and that they will reach the ultimate purchaser in their original containers which are properly marked to indicate the country of origin of the plastic components. We find the mop heads which are not substantially transformed, are required to be marked with the country of origin. We further find that the current marking, as exhibited on the sample mop head wrapper, is in compliance with 19 U.S.C. 1304.

Sincerely,

Marvin M. Amernick

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