The country of origin of assembled identification card holders

N263965 June 10, 2015 CLA-2-39:OT:RR:NC:2:421 CATEGORY: COUNTRY OF ORIGIN Ms. Alice Yu Amenable Approach, Inc. P.O. Box 2281 Sunnyvale, CA 94087 RE: The country of origin of assembled identification card holders Dear Ms. Yu: In your letter dated February 27, 2015, you requested a country of origin ruling. The ruling was returned to you for additional information, which was resubmitted to this office on April 21, 2015. Product information and samples were submitted for our review. You outline a scenario wherein plastic and metal parts, made in China, are imported into the United States and assembled into identification card holders. You state that the two plastic sections, which form the frame of the identification card holder, and the metal plate, which shields against radio frequency interrogation, may be imported separately or together, in proportionate or random numbers. Assembly in the U.S. will consists of merely snapping or riveting the three parts together. Section 134.1(b) of the Customs Regulations (19 CFR 134.1(b)) provides that the "[c]ountry of origin" means 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 Part 134, Customs Regulations (19 CFR Part 134). Substantial transformation requires that "[t]here must be a transformation; a new and different article must emerge, ‘having distinctive name, character, or use.’" Anheuser-Busch Brewing Association v. United States, 207 U.S. 556, 28 S. Ct 204 (1908). 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. On the other hand, if the manufacturing or combining process is merely a minor one which leaves the identity of the imported article intact, a substantial transformation has not occurred and an appropriate marking must appear on the imported article so that the consumer can know the country of origin. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff'd, 702 F.2d 1022 (Fed. Cir. 1983). It should be noted that simple assembly does not render a “new and different article” and therefore, does not constitute a substantial transformation. Whether or not an article produced in the U.S. may be marked with the phrase “Made in the USA”, or similar words denoting U.S. origin, is not an issue falling under the country of origin marking requirements of 19 CFR 134. The issue falls under the authority of the Federal Trade Commission (FTC). You may contact the FTC, Division of Enforcement, at 600 Pennsylvania Avenue, NW, Washington, DC 20508, or at www.ftc.gov. 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 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 Laurel Duvall at (646) 733-3035. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division