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NY 813874



September 11, 1995

MAR-2 S:N:N3:68 813874
CATEGORY: MARKING

Mr. Jack Ryan
3M Center
PO Box 33250
St Paul, MN 55133-3250

RE: COUNTRY OF ORIGIN MARKING OF SCOURING PADS/SPONGES

Dear Mr. Ryan:

This is in response to your letter dated August 15, 1995, requesting a ruling on the proper country of origin marking requirements for certain scouring pads/sponges.

You indicate that Scotchbrite, a web of non-woven man-made fibers coated with abrasive powder or grain, is produced in Canada. This merchandise is imported in the form of rolls and is classifiable in subheading 6805.30.1000, Harmonized Tariff Schedule of the United States (HTS). In the United States the Scotchbrite will be laminated to rolls of cellulose sponges produced in the United States. This merchandise will then be cut to size. The finished sponge/scouring pad is classifiable in subheading 6805.30.5000, HTS. Your ruling request poses the question of which country would be regarded as the country of origin for the completed sponge/scouring pad - Canada or the United States.

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 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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the interim amendments to the Customs Regulations published as T.D. 94-4 (59 Fed. Reg. 109, January 3, 1994) with corrections (59 Fed. Reg. 5082, February 3, 1994) and T.D. 94-1 (58 Fed. Reg. 69460, December 30, 1993). These interim amendments took effect on January 1, 1994 to coincide with the effective date of the NAFTA. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in T.D. 94-4 (adding a new Part 102, Customs Regulations). The marking requirements of these goods are set forth in T.D. 94-1 (interim amendments to various provisions of Part 134, Customs Regulations).

Section 134.1(b) of the interim regulations defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. 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 this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the interim regulations provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a product is a good of a NAFTA country. Section 134.1(g) of the interim regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the interim regulations provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.

The product under consideration clearly is a "good of a NAFTA country." Therefore, the "NAFTA Marking Rules" apply. The issue which must be addressed is whether the country of origin under these rules is Canada or the United States.

Part 102 of the interim regulations sets forth the "NAFTA Marking Rules" for purposes of determining whether an item is a good of a NAFTA country for marking purposes. Section 102.11 of the interim regulations sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the interim regulations to the facts of this case, we find that the country of origin of the sponge/scouring pad is Canada. Section 102.20 of the interim regulations describes the tariff classification changes which may or may not change the country of origin of merchandise when processing takes place in more than one country. According to these regulations, the processes applied to the Canadian Scotchbrite in the United States do not change the country of origin from Canada to the United States. The country of origin of the finished sponge/scouring pad remains Canada, not the United States.

In your inquiry you suggested various phrases which could be used to indicate the country of origin for this merchandise. However, all of the phrases which you suggested begin with the words "Made in the U.S.," "Produced in the U.S." or "Assembled in the U.S." None of these phrases are acceptable country of origin marking since the NAFTA Marking Rules indicate that Canada is the country or origin for this product, not the United States.

Under the NAFTA Marking Rules, this merchandise must be marked "Canada" or "Made in Canada." If you wish to state the origin of each component of the product you may indicate "Made in Canada; product includes an abrasive scouring pad made in Canada and a sponge made in the United States." However, in no case, may you state that the product is made, produced or assembled in the United States, since the NAFTA Marking Rules indicate that the country of origin is Canada.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Jean F. Maguire
Area Director

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