The country of origin marking of perfume of French origin bottled in China

N121580 September 27, 2010 MAR-2 OT:RR:NC:2:240 CATEGORY: MARKING Mr. C.J. Erickson Cowan, Liebowitz & Latman, P.C. 1133 Avenue of the Americas New York, NY 10036-6799 Re: The country of origin marking of perfume of French origin bottled in China Dear Mr. Erikson: This is in response to your letter dated August 30, 2010, requesting a marking ruling on behalf of your client R.M. Global LLC. The inquiry pertains to whether the proposed marking “Made in France” is an acceptable country of origin marking for imported perfume of French origin that is bottled in China. A marked sample was not submitted with your letter for review. Your state that your client will export bulk perfume of French origin to China for bottling. You indicate that no additional ingredients will be added to the perfume in China. Individual bottles will be filled with the perfume in China and packaged for retail sale. There is no manufacturing process other than bottling performed in China. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.1304), provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), mandates that the ultimate purchaser in the United States must be able to find the marking easily and read it without strain. "Country of origin" is defined in section 134.1(b), Customs Regulations, as the country of manufacture, production, or growth of any article of foreign origin entering the United States. 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 this part. A substantial transformation is said to have occurred when an article emerges from a manufacturing process with a name, character, or use that differs from the original material subjected to the process. The bulk perfume is poured into retail bottles and packaged for retail sale. The bottling does not effect any significant change in the character or use of the perfume for purposes of establishing country of origin. It is our determination that the foreign bottling does not constitute a substantial transformation; therefore, the bottled perfume remains a product of France. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436 1130 The proposed marking “Made in France”, as described above, meets the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is an acceptable country of origin marking for the imported bottled perfume. 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