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NY M82084

April 24, 2006

CLA-2-39:RR:NC:SP:221 M82084


TARIFF NO.: 3926.90.9880

Mr. Sean Cole
3070 Route 22 West
Branchburg, NJ 08876

RE: The tariff classification and country of origin marking requirements for a plastic applicator from China.

Dear Mr. Cole:

In your letter dated March 22, 2006, you requested a ruling on the tariff classification and country of origin marking requirements for a plastic applicator.

The submitted sample is a plastic applicator made of polypropylene material. The applicator measures approximately 3 inches in length. It has a finger grip on one end and a foamed plastic tip on the other end. The product will be used in the application of medicaments.

The applicable subheading for the plastic applicators will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

You also requested a ruling on whether the applicators are required to be individually marked with the country of origin. HQ 731432, dated June 6, 1988, set forth some factors to be considered in determining whether imported goods combined in the U.S. with domestic products are substantially transformed for country of origin marking purposes. The following six factors were considered:

1) whether the article is completely finished; 2) the extent of the manufacturing process of combining the imported article with the domestic article as compared with the manufacturing of the imported article;
3) whether the article is permanently attached to its counterparts; 4) the overall importance of the article to the finished product; 5) whether the article is functionally necessary to the operation of the finished article, or whether it is an accessory that retains its independent function; and
6) whether the article remains visible after the combining.

You have not provided sufficient information for us to evaluate the product in relation to the above-described factors. If you wish a ruling on the country of origin marking requirements, please submit a sample of the complete product that will be marketed to the retail customer, in its retail packaging, including marketing literature. The medicament itself need not be included – an empty bottle or container will be sufficient. Provide a breakdown showing the cost for the applicator compared to the cost for the medicament.

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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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