THE COUNTRY OF ORIGIN MARKING OF A TOILETTE GIFT SET

N174755 July 27, 2011 MAR-2 OT:RR:NC:2:240 CATEGORY: MARKING Ms. Irene Chan CHL Customs House Broker 9133 S. La Cienega Blvd., Ste 120 Inglewood, CA 90301 RE: THE COUNTRY OF ORIGIN MARKING OF A TOILETTE GIFT SET Dear Ms. Chan: This is in response to your letter dated July 12, 2011 requesting a ruling on whether the proposed method of marking the gift box and the cardboard sleeve in lieu of marking the individual items is an acceptable country of origin marking for the imported toilette gift set. A sample of the item was submitted with your letter for review. This request is being made on behalf of your client Ange Beauty Company Inc. Your client anticipates importing a toilette gift set that includes a scented shower gel, body lotion, and 2 bottles of eau de toilette. The item will be packaged in a gift box wrapped in a cardboard sleeve. The item will be sold at retail as a toilette gift set. You further state that the contents in the set will not be sold separately. You request an exception from marking the individual items in the set because the marking of the gift box and the cardboard sleeve will indicate the country of origin to the ultimate consumer. 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 toilette gift set 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. 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 contents in the gift set by viewing the container in which it is packaged, the individual contents of the gift set would be excepted from marking under this provision. Accordingly, marking the gift box and the cardboard sleeve in which the shower gel, body lotion, eau de toilette are imported and sold to the ultimate purchaser in lieu of marking each individual item is an acceptable country of origin marking for the imported toilette gift set provided the port director is satisfied that the gift set will remain in the marked container until it reaches the ultimate purchaser. Although the proposed marking of the imported gift box satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, the proposed marking of the imported cardboard sleeve does not satisfy the marking requirements and is not an acceptable country of origin marking. The ultimate purchaser must be able to find the marking easily and read it without strain. The words "Made in China" must appear legibly, permanently and in at least a comparable size to that of the manufacturer’s name. 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division