THE COUNTRY OF ORIGIN MARKING OF COSMETIC BRUSHES

NY M86146 September 7, 2006 MAR-2 RR:NC:SP:233 M86146 CATEGORY: MARKING Ms. Suzanne Liberti Follick & Bessich 33 Walt Whitman Road Suite 310 Huntington Station, NY 11746 RE: THE COUNTRY OF ORIGIN MARKING OF COSMETIC BRUSHES Dear Ms. Liberti: This is in response to your letter dated August 24, 2006 requesting a ruling on behalf of Brushes by Karen, concerning the country of origin marking for various professional cosmetic brushes. Marked samples were submitted with your letter for review and are being returned as requested. You have submitted pictures of cosmetic brushes, and samples of some of the brushes, which will be made in and imported from India and China. The samples include various types of brushes (including but not limited to eye shadow and face powder brushes). The brushes are specifically manufactured for use by both make-up artists and the general public. All of the brushes are composed of synthetic fibers, as well as hairs from ponies, goats, boars and squirrels. The brushes feature a wooden handle, an acrylic handle, a metallic casing, and in some cases no handle. The foreign manufacturer wraps each brush in an individual plastic pouch. The country of origin is then marked, via the use of a sticker, on the outside of each pouch. Each sticker reads “Made in India” or “China”. The brushes are immediately packed in cardboard boxes and sent to your client in the United States. Your client distributes said brushes to its customers (make-up stores) per their order. The make-up stores resell to the general public. At no time are the brushes remarked or repackaged. Instead they are sold individually wrapped in their imported form. 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. The proposed marking of “Made in India” or “China” for the imported cosmetic brushes, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported cosmetic brushes. 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 Lawrence Mushinske at 646-733-3036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division