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NY A88338

Oct 31 1996

MAR-2 RR:NC:2:240 A88338


Mr. Bob Core
Encore International Shipping Company
170 Broadway Suite 1601
New York, NY 10038


Dear Mr. Core:

This is in response to your letter dated October 3, 1996 requesting a ruling on behalf of your client Cosmair. Your request concerns the marking of the paperboard box and L'Oreal "Aurelle" hair color tube. The paperboard box is of U.S. origin, while the "Aurelle" hair color tube and contents are of Canadian origin.

You requested clarification on the marking of paperboard boxes of U.S. origin exported to Canada to be used as packing for the Canadian "Aurelle" hair color tubes. The marking statute, 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. The paperboard boxes for "Aurelle" hair color tubes are disposable containers which will be discarded by the ultimate purchaser. The individual paperboard boxes must indicate the country of origin of the hair color, which in the instant case is Canada. Cosmetics distributed in the United States must comply with the labeling regulations published by the Food and Drug Administration under the FDC Act and the Fair Packaging and Labeling Act (FPL Act).

An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the "Aurelle": hair color tube will remain in its paperboard box until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the "Aurelle" Hair Color Tube by viewing the paperboard box in which it is packaged, the individual hair color tube would be excepted from marking under this provision.

"Aurelle" hair color tubes which are imported in paperboard boxes that are marked in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the paperboard box in which the hair color tube is imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported hair color tube provided the district director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Stephanie Joseph at 212-466-5768.


Roger J. Silvestri

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