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NY A83322




May 10, 1996

CLA-2-74:RR:NC:GI:115 A83322

CATEGORY: CLASSIFICATION

TARIFF NO.: 7419.99.1500

Mr. E. Chapman
Hellmann Transport Services
448 Grandview Drive
S. San Francisco, CA 94080

RE: The tariff classification and the country of origin marking requirements of a lipstick holder and an empty spray bottle from China.

Dear Mr. Chapman:

In your letter dated May 1, 1996, you requested a tariff classification and country of origin marking ruling, on behalf of your client, Kimball and Young Inc., located at Pleasanton, CA.

The subject items will be sold as a retail set and are described as follows:

1) 1 metal box made of brass containing a small mirror and lined with a flocked lining. It will serve as a lipstick holder. 2) 1 metal spray bottle made of brass with a plastic spray apparatus. 3) 1 plastic bag intended to hold the box.

The molded cardboard box, which will be sold with the lipstick holder and the spray bottle, is intended to be carried in a purse or pocket. A plastic bag will be the outer packaging for the cardboard box which will house the lipstick holder and the spray bottle.

GRI 5(b) states that packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. The value of the plastic bag and the molded cardboard box shall be prorated over the entire contents and classified therein.

The applicable subheading for all three items will be 7419.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for copper containers of a kind normally carried on the person, in the pocket or in the handbag. The duty rate will be 5.9% ad valorem.

Your query also requests a country of origin marking ruling on the set. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States.

Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. In your particular instance, if the plastic bag is sealed, then subsection (d) applies which provides for the exception to the marking requirements for articles for which the marking of the containers will conspicuously and reasonably indicate the origin of the articles. If the plastic bag which will be the outer packaging for the cardboard box is sealed, then the marking of the bag itself with the designation "China" would suffice.

If the plastic bag is unsealed, then the bag, the cardboard box, the lipstick holder and the spray bottle must all be conspicuously marked with the designation "China" on them. Your intention to have the outer cardboard box stencilled, and to place a sticker on the two inner items are acceptable, providing that the plastic bag is also marked.

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

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

Sincerely,

Roger J. Silvestri
Director

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