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NY R02976




December 27, 2005

MAR-2-34:RR:NC:SP:237 R02976

CATEGORY: MARKING

Mr. Troy D. Crago
Atico International (USA), Inc.
501 South Andrews Avenue
Fort Lauderdale, Florida 33301

RE: Country of origin marking requirements for a wax candle made in Hong Kong.

Dear Mr. Crago:

In your dated December 14, 2005 you requested a binding ruling on the country of origin marking requirements for a candle made in Hong Kong from a Chinese wax core.

The Chinese wax core consists of a 100% paraffin wax pillar-shaped core with engraved wheat design (3”D x 4.5”H) that will be imported into Hong Kong without a wick and there manufactured into a candle by the insertion of a wick for subsequent export and marketing as the Harvest Pillar Candle.

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 pillar-shaped wax core of Chinese origin will be substantially transformed in Hong Kong by manufacturing into a functional candle of Hong Kong origin, by the insertion of a wick. The manufacturing process performed in Hong Kong is more than incidental. The process significantly transforms the wax core into a functional candle. Therefore, the pillar-shaped wax candle will be required to be marked country of origin Hong Kong 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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