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NY K84402




March 30, 2004

MAR-2-34:RR:NC:SP:237 K84402

CATEGORY: MARKING

Mr. Peter W. Klestadt and
Mr. Harold I. Loring
399 Park Avenue - 25th Floor
New York, New York 10022-4877

RE: Country of origin marking requirements for a wax-filled pillar candle made in China.

Dear Mr. Klestadt and Mr. Loring:

In your letter of March 18, 2004, on behalf of Shonfeld’s, you requested a binding ruling on the country of origin marking requirements for a wax-filled pillar shaped paraffin candle that will be manufactured in China from a molded Chinese origin wax outer shell filled with a rough Israeli origin wax core with wick. Your samples are being returned.

The Israeli wax core consists of a lightly scented, white colored, rough surfaced, soft wax core with wick that is roughly straight sided with oval cross sections (approx. 3-1/4”L x 2-1/2”W x 6”H). The Chinese candle consists of a heavily scented, red colored, smooth sufaced, hard crackle-finished wax candle that is uniformly straight sided with oval cross sections (3”L x 2-1/2 ”W x 6 ”H) and manufactured in China by molding an outer shell of Chinese wax (approx. 3/16 to 1/2” thick) filled with a shortened Israeli wax core.

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.

Section 134.1(b), Customs Regulations {19 CFR 134.1(b)}, 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 the meaning of the marking laws and regulations. For country of origin marking purposes, a substantial transformation of an imported article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the imported article (19 CFR 134.35).

The rough pillar-shaped soft white wax core of Israeli origin will be substantially transformed in China by manufacturing into a heavily scented uniform red crackle-finished hard wax-filled paraffin candle of Chinese origin, by molding a Chinese wax-filled outer shell filled with the shortened Israeli wax core. The manufacturing process performed in China transforms an uneven pillar-shaped soft white wax core with wick into a uniform wax-filled paraffin candle with a decorative appearance, distinctive red crackle-finish, hard wax surface, sharply defined lines and heavily scented fragrance. Therefore, the wax-filled candle will be required to be marked country of origin China pursuant to 19 U.S.C. 1304.

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 control number indicated above should be provided with entry documents filed at the time merchandise is imported. For any questions on the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski

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