[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Notices]
[Pages 35792-35793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16850]
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DEPARTMENT OF THE TREASURY
Customs Service
Receipt of Domestic Interested Party Petition Concerning Country
of Origin Marking for Safety Glasses
AGENCY: Customs Service, Department of the Treasury.
ACTION: Notice of receipt of domestic interested party petition;
solicitation of comments.
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SUMMARY: Customs has received a petition filed on behalf of domestic
interested parties concerning the country of origin marking
requirements for prescription safety glasses. Under current practice,
imported safety glass frames are excepted from country of origin
marking requirements if an employer actually purchases the completed
prescription safety glasses despite the fact that the wearer of the
safety glasses may have some choice in selecting the frames. Customs
has ruled that the insertion of the prescription lenses into the frames
in the United States to make safety glasses substantially transforms
the frames into a new article of commerce. The petitioners request that
Customs adopts the position that employer-purchased imported
prescription safety glass frames that an employee selects be required
to be marked with their country of origin. Public comment is solicited
regarding the application of the marking requirements to imported
prescription safety frames.
DATES: Comments must be received on or before September 11, 1995.
ADDRESSES: Comments (preferably in triplicate) may be submitted to the
U.S. Customs Service, Regulations Branch, Office of Regulations and
Rulings, 1301 Constitution Avenue NW. (Franklin Court), Washington,
D.C. 20229. Comments may be viewed at the Office of Regulations and
Rulings, Franklin Court, 1099 14th Street NW., Suite 4000, Washington,
D.C.
FOR FURTHER INFORMATION CONTACT: David Cohen, Special Classification
and Marking Branch, Office of Regulations and Rulings, U.S. Customs
Service, (202) 482-6980.
SUPPLEMENTARY INFORMATION
Background
Pursuant to section 516, Tariff Act of 1930, as amended (19 U.S.C.
1516) and Part 175, Customs Regulations (19 CFR Part 175), a domestic
interested party may challenge certain decisions made by Customs
regarding imported merchandise which is claimed to be similar to the
class or kind of merchandise manufactured, produced or wholesaled by
the domestic interested party. This document provides notice that
domestic interested parties are challenging a marking decision made by
Customs.
The petitioners are the Industrial Safety Equipment Association
(ISEA) and the Optical Industry Association (OIA)--trade associations
who represent their members who are domestic manufacturers of safety
glasses. Both entities qualify as domestic interested parties within
the meaning of 19 U.S.C. 1516(a)(2).
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304),
provides that, unless excepted, every article of foreign origin shall
be marked in a conspicuous place with the English name of the country
of origin. The country of origin marking requirements and exceptions of
19 U.S.C. 1304 are implemented by part 134, Customs Regulations (19 CFR
part 134).
The petitioners contend that imported safety frames should be
required to be marked with their country of origin notwithstanding a
limited number of alternatives of frames from which to select. Customs
present position excepts prescription safety glass frames from country
of origin marking under the circumstances set forth in Headquarters
Ruling Letter (HRL) 734258, dated January 7, 1992.
In HRL 734258, the importer proposed to mark the safety frames by
affixing a hangtag or an adhesive sticker to the safety frames with the
name of the country of origin printed thereon. This method of marking
would inform the optical laboratory of the country of origin of the
frames. The optical laboratories would remove the hangtag/sticker when
they installed the prescription safety lenses. While the manufacturer
of the safety frames produced a variety of frames, the employer of the
safety glass wearer provided a very limited selection of frames from
which the employees could select. In limited circumstances, employers
would set a cap for the amount that they would spend on the safety
glass frames. The employees could elect to supplement this amount with
their own funds to acquire a particular style of safety frames. Based
on these facts, Customs concluded that the optical laboratories that
insert the safety lenses into the safety frames are the ultimate
purchasers of the eyeglass frames and that the use of the hangtags or
stickers to mark the frames which the laboratories remove when the
lenses are attached is acceptable, provided the marking of the hangtags
or stickers is conspicuous, legible, and permanent.
In reaching the conclusion set forth in HRL 734258, Customs relied
on HRL 729649, dated October 27, 1986, which was a ruling in response
to a request to reconsider HRL 729451, dated May 27, 1986. In HRL
729451, Customs determined that the consumer is the ultimate purchaser
of prescription eyeglass frames rather than the lab that places the
lenses into the frames. In that ruling, Customs noted:
[O]nly after the initial decision is made on the frame is it
sent to the lab for the addition of the particular lens. The
decision to purchase a particular frame is made separate and apart
from the processing involved in the addition of the prescription
lens. In view of these circumstances, we find that the consumer is
the ultimate purchaser of the frames and is entitled to be informed
of its country of origin.
Customs reconsidered HRL 729451 due to the addition of material
facts that had been omitted from the ruling request upon which HRL
729451 was based. The omitted fact was that the importer was a
manufacturer of safety spectacle frames, which unlike ordinary
prescription spectacle frames, consist of special frames and lenses
that are manufactured to meet certain safety guidelines. In addition,
the employee was given a few choices of safety frames, but it was the
employer who
[[Page 35793]]
determined the type of safety glasses that were required for its
employees. The Occupational Safety and Health Act of 1970, and
regulations promulgated thereunder, required that these employers
provide safety eyewear for their employees.
As a result of these additional facts, Customs ruled that the
purchaser of the safety glasses was not making two purchasing decisions
(frames and lenses). Rather, Customs concluded that the employer was
actually purchasing one item (safety glasses). Therefore, Customs
concluded that the optical laboratory that assembled the frames and
lenses substantially transformed the frames into a new and different
article of commerce (safety glasses).
The instant petition requests that Customs reconsider and reject
the position stated in HRL 734258, and, essentially, adopt the position
that prescription safety glasses are no different from prescription
glasses, provided the employee exercises some degree of choice in
selecting safety frames. Accordingly, the petitioner seeks to have
Customs treat an employee's selection of prescription safety spectacle
frames as a purchasing decision which is separate from the subsequent
process of inserting the safety prescription lenses into the safety
frames. Should Customs adopt this position, the safety frames at issue
in HRL 734258 would be required to be marked with their country of
origin for the benefit of the ultimate purchaser--the employee who
receives and uses the safety frames in the workplace.
Comments
Pursuant to section 175.21(a), Customs Regulations (19 CFR
175.21(a)), before making a determination on this matter, Customs
invites written comments from interested parties. The petition of the
domestic interested party, as well as all comments received in response
to this notice, will be available for public inspection in accordance
with the Freedom of Information Act (5 U.S.C. 552), section 1.4,
Treasury Department Regulations (31 CFR 1.4), and section 103.11(b),
Customs Regulations (19 CFR 103.11(b)), on regular business days
between the hours of 9:00 a.m. and 4:00 p.m. at the Regulations Branch,
Suite 4000, Franklin Court, 1099 14th Street N.W., Washington, D.C.
Authority
This notice is published in accordance with section 175.21(a),
Customs Regulations (19 CFR 175.21(a)).
Drafting Information
The principal drafter of this document was David Cohen, Special
Classification and Marking Branch, United States Customs Service.
Personnel from other Customs offices participated in its development.
Michael H. Lane,
Acting Commissioner of Customs.
Approved: May 16, 1995.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-16850 Filed 7-10-95; 8:45 am]
BILLING CODE 4820-02-P
