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NY N015076

August 13, 2007

MAR-2 RR:NC:N2:240


Mr. Adam J. Whitney
Access Business Group international LLC
7575 Fulton Street East
Ada, MI 49355

RE: The country of origin marking of cosmetics and accessories of foreign and domestic origin repackaged in the USA

Dear Mr. Whitney:

This is in response to your letter dated July 26, 2007 requesting a ruling on the country of origin marking requirements of cosmetics and accessories of foreign and domestic origin repackaged for retail sale in the United States.

The Essentials Make-up Kit consists of five cosmetics, two brushes, and a cosmetic bag. The mineral foundation, eye color, cheek color, and lip shine are of US origin. The concealer and mascara are manufactured in Canada. The eyeliner brush and face brush are manufactured in China. You state that each foreign article is marked with the respective country of origin. After importation into the United States, you intend to fill the cosmetic bag with the cosmetics and brushes. The cosmetic bag filled with the cosmetics and brushes will be further packaged into a cardboard box. You have provided a copy of the cardboard box prototype. As noted on the prototype, the ingredients are listed for each cosmetic with the corresponding country of origin. The country of origin of the cosmetic bag and brushes is also indicated on the prototype. You inquire as to whether the cardboard box is required to be marked with the country of origin of the cosmetic bag and brushes.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Part 134.26, provides for certification requirements for imported articles that are repacked or manipulated after importation. Section 134.26(a) states that if an article subject to these requirements is intended to be repacked in retail containers (e.g., blister packs) after its release from Customs custody, or if the port director having custody of the article, has reason to believe such article will be repacked after its release, the importer shall certify to the port director that: (1) If the importer does the repacking, he shall not obscure or conceal the country of origin marking appearing on the article, or else the new container shall be marked to indicate the country of origin of the article in accordance with the requirements of this part. The cardboard box is required to indicate the country of origin of the foreign made components of the make-up kit, which includes the cosmetic bag and brushes.

The issue of marking articles "Made in the U.S.A." or similar words denoting U.S. origin, is under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is “Made in the U.S.A.”.

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 646-733-3268.


Robert B. Swierupski

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