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NY B82386

February 26, 1997

CLA-2-96:RR:NC:SP:233 B82386


TARIFF NO.: 9616.20.0000

Mr. Edward J. Murray
Paris Presents Incorporated
3800 Swanson Court
Gurnee, IL 60031-1261

RE: The tariff classification of eyeshadow applicators from China.

Dear Mr. Murray:

In your letter dated February 3, 1997, you requested a tariff classification ruling.

You have submitted the following samples with your request:

1. Item T250 - a set of twelve sponge applicators with plastic handles, stored in plastic sleeves in a matchbook-type holder. The applicators are blister packaged on a display card.

2. Item 2030 - a set of six sponge applicators with plastic handles. The sponges are glued to both ends of the handle. The applicators are blister packaged on a display card.

The applicable subheading for the eyeshadow applicators will be 9616.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for powder puffs and pads for the application of cosmetics or toilet preparations. The rate of duty will be 6 percent ad valorem.

You have also inquired about the country of origin marking requirements. 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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. You have indicated in your letter that the sponge portions of the applicators are made in South Korea, and the plastic handles are made in China. The sponges are glued to the handles in China, where they form a completed applicator. Accordingly, China is the country of origin. Your samples are marked "Made in China", which is acceptable for country of origin marking requirements.

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 the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 212-466-5739.


Gwenn Klein Kirschner

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