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NY K84385

March 30, 2004

MAR-2-34:RR:NC:SP:237 K84385


Mr. Shachar Gat
16871 Noyes Avenue
Irvine, California 92606

RE: Country of origin marking requirements for a brushed pillar candle made in China.

Dear Mr. Gat:

In your dated March 4, 2004 you requested a binding ruling on the country of origin marking requirements for a scented brushed pillar-shaped paraffin wax candle that will be manufactured in China from a rough shaped Israeli origin wax core with wick.

The Israeli wax core consists of a plain, scented, pink colored, rough shaped wax core with wick that is roughly straight sided and pillar-shaped (approx. 3”D x 3”H). The Chinese candle consists of a scented, pink colored, surface-textured wax candle with wick that is uniformly straight sided (approx. 3”D x 3”H) and manufactured by surface working, metal brushing and air cleaning the rough shaped Israeli wax core in China.

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).

The plain rough pillar-shaped wax core of Israeli origin will be substantially transformed in China by manufacturing into a uniformly surface-textured paraffin candle of Chinese origin, by surface working, metal brushing and air cleaning the rough shaped Israeli wax core. The manufacturing process performed in China is more than incidental
and primarily intended to fabricate and physically improve the rough physical properties and appearance of the plain rough shaped wax core. The process significantly transforms the plain rough wax core into a uniformly surface-textured paraffin candle with a unique decorative appearance, distinctive brushed-finish and sharply defined lines. Therefore, the brushed pillar candle will be required to be marked country of origin 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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