October 20, 2004 CBP Bulletin Notice on the Country of Origin Marking for Flat Flexible Magnets
In the October 20, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 43), CBP issued a notice revoking a ruling regarding the country of origin marking for flat flexible magnets. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice.
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According to CBP, this revocation is effective for merchandise entered or withdrawn from warehouse for consumption on or after December 19, 2004. CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Country of origin marking for flat flexible magnets. At issue are flexible magnets manufactured in the U.S. from imported flat flexible magnet material in sheets and rolls. The material's magnetic properties are set and the product will adhere to metal objects. Subsequent to importation into the U.S., the flat sheets/rolls of magnetized rubber material are subject to a variety of processing operations (e.g., cutting, printing, etc.) which result in the creation of promotional magnets.
CBP is issuing HQ 562803 in order to revoke HQ 562537 and indicate that the correct country of origin marking for the magnets is a foreign country, and not the U.S.
CBP states that based on the facts provided, the imported magnet material is not substantially transformed into new and different articles of U.S. origin when further processed in the U.S. by printing and cutting, which are merely finishing operations, to form flexible promotional magnets. Accordingly, CBP states that the flat flexible magnets must be properly marked to indicate the foreign country of origin to the ultimate purchaser.
(See ITT's Online Archives or 02/26/04 news, 04022645, for BP summary of the proposed revocation.)
October 20, 2004 CBP Bulletin (Vol. 38, No. 43) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_10202004_no43/