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HQ 735501

March 11, 1994

MAR-2-05 CO:R:C:V 735501 NL


Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: Condom Novelty Lollipop; HQ 955050

Dear Mr. LeClair:

This is in reply to your letter of September 20, 1993, on behalf of H.M. Smallwares, Ltd. A ruling addressing the tariff classification of the articles in question was issued by the Food and Chemicals Classification Branch of this office on February 28, 1994, as HQ 955050. Our ruling concerning country of origin marking is set forth below.


The requested ruling concerns the country of origin marking of a novelty item consisting of a wrapped condom imported from Korea which is finished in Canada by affixing a bow, a lollipop stick, and a humorous label.


What is the required marking for the completed article under the Marking Rules of the North American Free Trade Agreement (NAFTA) when it is imported into the U.S.?


As of January 1, 1994, the country of origin of a good imported into the U.S. from Canada is determined pursuant to the NAFTA Marking Rules, promulgated as Treasury Decision 94-4, to be codified as Part 102, Customs Regulations (19 CFR Part 102).

As provided therein, an article classifiable under Heading 4016, HTSUS, is considered to be a product of the NAFTA country in which a tariff shift occurred, provided the shift was a change to a subheading within Heading 4016 from any other subheading. Accordingly, a Korean origin hygenic or pharmaceutical article classifiable under Heading 4014, HTSUS, becomes a product of Canada for NAFTA country of origin marking purposes when, in Canada, it is changed by the addition of a bow, stick, and label to an article classifiable under Heading 4016, HTSUS. The novelty condom lollipop is, therefore, a good of Canada for country of origin marking purposes.

The sample submitted included a lollipop stick which bore the legend, "Made in USA". You have advised this office that in this regard the sample is not representative, as there will be no such legend appearing on the completed novelty item as imported into the U.S. With this understanding, it is sufficient to state that any method of marking the article with the name of its country of origin which is conspicuous, legible, and sufficiently permanent will be acceptable.


The condom novelty item is considered a good of Canada for country of origin marking purposes.


John Durant
Director, Commercial

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