The tariff classification and country of origin marking of a travel case containing empty plastic containers and a funnel from China.

NY M80040 January 26, 2006 CLA-2-96:RR:NC:SP:233 M80040 CATEGORY: Classification TARIFF NO.: 9605.00.0000 Ms. Kathy DeGroot Evan, Wood & Caulfield Inc. 100 N Centre Ave., Suite 201 Rockville Centre, NY 11570 RE: The tariff classification and country of origin marking of a travel case containing empty plastic containers and a funnel from China. Dear Ms. DeGroot: In your letter dated January 18, 2006, on behalf of Anisa International, you requested a tariff classification ruling. The submitted sample is identified as the Sephora Travel Case. The item consists of pouch made of clear polyvinyl chloride (PVC) sheeting with a zippered top closure and handle. The pouch contains 5 empty plastic bottles, 2 empty plastic jars and 1 plastic funnel. Your sample is being returned as requested. The applicable subheading for the travel case will be 9605.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214).” The rate of duty will be 8.1% 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 have also requested the country of origin marking requirements for the travel case. Specifically, you inquire as to whether each bottle, jar and funnel needs to be marked, or if the country of origin marking can be made on just the travel case. 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 CFR 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. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the travel case is the consumer who purchases the product at retail. 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 article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the bottles, jars and funnel by viewing the container in which they are packaged, the individual bottles, jars and funnel would be excepted from marking under this provision. One origin marking may appear in a central location so long as it is clear that such marking applies to the whole set. For example, printing (or an affixed printed label) on the exterior of the case in a conspicuous location would be acceptable. 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 646-733-3036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division