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NY D80424

July 28, 1998

MAR-2 RR:NC:SP:221 D80424


Mr. Ralph M. Navedo

Inter-Maritime Forwarding Co., Inc.

156 William Street

New York, NY 10038-2689


Dear Mr. Navedo:

This is in response to your letter dated July 17, 1998, on behalf of Cosmetech International, Inc., requesting a ruling on whether lipstick holders are required to be individually marked with the country of origin.

Two sample lipstick holders were provided with your letter. The holders are composed of molded plastics. The holders will be imported empty and sold to domestic cosmetic firms that will fill the holders with lipstick made in the United States. These holders are disposable and not meant for reuse. The samples are not marked with the country of origin. You state that the cartons in which the lipstick holders will be imported will be marked with the country of origin.

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.

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 C.F.R. §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.

The primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302, C.A.D. 104 (1940). In this instance, the ultimate purchaser of the lipstick holders is the company that fills the holders with lipstick. Provided that the lipstick holders will reach the ultimate purchaser in the cartons marked with the country of origin, individual marking of the holders can be waived if the District Director at the port of entry is satisfied that by the nature of the transaction, or by documentary evidence, the ultimate purchaser will know the country of origin.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Joan Mazzola at 212-466-5580.


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