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NY 807233

March 23, 1995

MAR-2 S:N:N3:114 807233


Mr. Michael Grannis
Logo Paris, Inc.
35 Leveroni Court
P.O. Box 850
Novato, California 94949


Dear Mr. Grannis:

This is in response to your letter dated January 19, 1995 requesting a ruling on the proposed marking of eyeglass frames with the words "Frame France". You inquire as to whether this is an acceptable country of origin marking for eyeglass frames imported into the United States from the Philippines and Indonesia.

In your letter you state that the majority of your eyeglass frames are received from France in a finished, saleable condition. Some of the finished, saleable products, however, are received from the Philippines and Indonesia. These frames are made from components manufactured in France and sent to the Philippines and Indonesia for final assembly, adjustment and packaging. Samples of a complete frame and of the components of a frame were furnished to this office.

Frames fronts, temples, nosepads, plastic tips and screws are sent from France to the Philippines and to Indonesia. The temples are marked "Frame France" before export from France. The following assembly and adjustment is done to the frame components in the Philippines or Indonesia: 1. the nosepads are affixed to the frame chassis with screws and the pads are adjusted; 2. the butt ends (plastic tips) are placed on the ends of the temples and the temples are affixed to the frame fronts; 3. the temples are adjusted to conform to the face; 4. demo lenses composed of plastic are inserted into the frames; 6. the frames are adjusted and packaged for shipment.

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 U.S. 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 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. In Section 134.1 (b), the country of origin of an article is defined 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 for country of origin marking purposes.

It is your belief that the assembly and packaging of the frame components that takes place in the Philippines and Indonesia does not substantially transform the frame components into a new and different article of commerce. We agree that the processing in the Philippines and Indonesia does not effect a substantial transformation of the frame components.

The proposed marking of the imported frames, as described above, is conspicuous, legible and permanent and satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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