United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 NY Rulings > NY K89739 - NY K89786 > NY K89750

Previous Ruling Next Ruling
NY K89750





October 20, 2004

MAR-2 RR:NC:SP:230 K89750

CATEGORY: MARKING

Mr. Darrell Sekin Jr.
DJS International Services
4215 Gateway Dr., Suite 100
Colleyville, TX 76034

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED WOODEN PICTURE FRAMES TO BE USED IN MAKING FRAMED PRINTS IN THE UNITED STATES

Dear Mr. Sekin:

This is in response to your letter dated September 14, 2004 requesting a ruling on the country of origin marking requirements applicable to certain wooden picture frames that will be imported from China to be processed in the United States. Your letter was submitted on behalf your client, Home & Garden Party, Inc., which will be the U.S. importer/processor of the frames. A marked sample representing a frame in its imported condition was submitted with your letter for our review. An additional sample representing the finished product (framed print, as completed in the U.S. by your client) was also submitted.

The imported article, packed in an individual corrugated paperboard carton, is a decoratively finished, assembled wooden picture frame without a back panel and without a glass window. The back of the frame bears a securely affixed printed sticker that reads “Made in China.” After importation, Home & Garden Party, Inc. will unpack the frame from its carton and insert a U.S.-manufactured glass into it. They will then insert a U.S.-made printed picture into the frame behind the glass. They will then seal the back of the product by gluing a U.S.-manufactured paper dust cover to the frame, and will also attach a hanging wire to the frame.

Since, once it is in place, the dust cover conceals the “Made in China” sticker, you ask whether your client will be required to re-mark the finished article to indicate the origin of the frame.

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 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states 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 of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35.

In this case, the imported frames are substantially transformed into framed prints, ready for decorative display, as a result of the U.S. processing. Therefore, the U.S. manufacturer (Home & Garden Party, Inc.) is the ultimate purchaser of the imported frames, and under 19 CFR 134.35 only the containers which reach the ultimate purchaser are required to be marked with the country of origin.

Thus, if the outer cartons that reach your client are marked “Made in China,” the stickers on the frames are not required. If the frames are nevertheless imported with the origin stickers on them, and subsequently processed as you have outlined, the finished products need not be re-marked “Made in 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 19 CFR 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, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware 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 Regulations (19 CFR Part 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, contact National Import Specialist Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling