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NY K81294

November 25, 2003

MAR-2-34:RR:NC:SP:237 K81294


Mr. Peter W. Klestadt and
Mr. Harold I. Loring
245 Park Avenue - 33rd Floor
New York, New York 10167-3397

RE: Country of origin marking requirements for paraffin wax candles made in China

Dear Mr. Klestadt and Mr. Loring:

In your letter dated November 17, 2003, on behalf of Shonfeld’s (U.S.A.) Inc., you requested a binding ruling on the country of origin marking requirements for scented pillar shaped paraffin wax candles that will be handcrafted and made in China from molded Chinese origin wax outer shells filled with rough Israeli origin wax cores and wicks.

Based on the samples provided, the rough surfaced, unfinished Israeli wax cores are uneven, straight sided with oval cross sections and have centers drilled for the loosely inserted Israeli wicks that can be easily removed and reinserted (approx. 2-1/4 to 2-3/4”L x 1-7/8 to 2-1/4”W x 5-7/8 to 6-1/8”H). Based on the samples provided, the smooth sided, finished Chinese candles are uniformly sized, straight sided with oval cross sections, and consist of molded Chinese wax outer shells (approx. 1/4 to 1/2” thick) filled with shortened Israeli wax cores and have had centers drilled through the Chinese wax shells to permit permanent insertion of Israeli wicks through the shells and cores (3”L x 2-1/2 ”W x 6 ”H).

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).

Based on the samples and information provided, uneven, rough surfaced, unfinished Israeli wax cores, with centers drilled for loosely inserted Israeli wicks that can be easily removed and reinserted, will be substantially transformed in China into uniformly sized, smooth surfaced, finished wax candles of Chinese origin, by molding outer shells from Chinese wax filled with shortened Israeli wax cores, and permanently inserting Israeli wicks through the drilled Chinese outer shells and Israeli cores. Therefore, the candles will be required to be marked as products of China 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.


Robert B. Swierupski

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