THE COUNTRY OF ORIGIN MARKING OF A MINI REED DIFFUSER SET WITH ROOM FRAGRANCE OF U.S. ORIGIN

N072443 September 11, 2009 MAR-2 OT:RR:NC:N2:240 CATEGORY: MARKING Ms. Katherine M. Sloan Jackel 259 Homestead Road Hillsborough, NJ 08844 RE: THE COUNTRY OF ORIGIN MARKING OF A MINI REED DIFFUSER SET WITH ROOM FRAGRANCE OF U.S. ORIGIN Dear Ms. Sloan: This is in response to your letter dated August 10, 2009, requesting a ruling on whether the Mini Reed Diffuser Set with U.S. origin fragrance is exempt from marking. A sample was submitted with your letter for review. The sample consists of three bottles of room fragrance and fifteen wood reeds. The items are packaged together in China and marketed for retail sale as a Mini Reed Diffuser Set. The box submitted with your inquiry states that there are decorative toppers included in the set; however, none were present in the submitted sample. You state that bulk room fragrance of U.S. origin is sent to China for bottling. The bulk fragrance is emptied from the drums into a large pumping system for the filling of individual bottles. The filled bottles are labeled and packed into retail boxes. The wood reeds and decorative toppers, products of China, are assembled with the fragrance for sale as a set. The reed is inserted through the open center of the fragrance bottle. The reeds will absorb the fragrance oil, drawing it up to the top, and diffuse the scent into the room. There is no manufacturing process performed in China other than the bottling of the U.S. origin fragrance. The bottles, caps, reeds, and packaging are manufactured in China. You contend that the Mini Reed Diffuser Set does not require country of origin marking, since in your opinion the product remains a product of the United States. We concur that the room fragrance of U.S. origin does not undergo a substantial transformation in China, and therefore, remains a product of U.S. origin. The reeds and decorative toppers, which are manufactured in China, are an integral part of the diffuser set. They are needed for the proper functioning of the product. Since the reeds and the toppers are products of China, the diffuser set cannot be considered a product of the United States and cannot be exempt from marking. 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. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. In order to comply with marking requirements, all of the components of the Mini Diffuser Set and their countries of origin must be listed on the external packaging of the sets in a conspicuous manner. Thus, the marking would have to indicate that the reeds and the toppers are made in China. The bottled room fragrance of U.S. origin is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S. 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 Stephanie Joseph at 646-733-3268. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division