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NY A81308




April 2, 1996

MAR-2:RR:NC:FC:240 A81308

CATEGORY: MARKING

Mr. Bo G. Grektorp
Amenitique Inc.
5402 Beaumont Center Blvd. Suite 103
Tampa, Florida 33634

RE: THE COUNTRY OF ORIGIN MARKING OF HOTEL GIVEAWAY TOILETRY PRODUCTS

Dear Mr. Grektorp:

This is in response to your letter dated February 22, 1996 requesting a ruling on whether the country of origin marking is required of giveaway toiletry hotel items. Samples were submitted with your letter for review.

Your inquiry concerns the marking requirements for toiletry products given to clients staying at hotels. The products consist of Bath Foam, Hand & Body Lotion, Shampoo, Conditioner, Shaving Kit and a Dental Kit. The products are packaged for one or two applications. 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. The "ultimate purchaser" of an imported article is broadly defined in 19 U.S.C. 1304(a) as the last person in the United States who will receive the article in the form in which it was imported. It is not feasible to state who will be the ultimate purchaser in every circumstance, however, if the imported article is distributed as a gift or giveaway, the recipient is the ultimate purchaser.

In the case of various kinds of "giveaway" articles, it is required that such articles be individually marked to indicate the country of origin, as the donee is deemed to be the "ultimate purchaser" of the article within the meaning of 19 U.S.C. 1304(a).

An exception to the country of origin marking requirements cannot be granted in this situation as this office is of the opinion that the subject toiletries appear to be giveaway products. Accordingly, the toiletry products will have to be individually marked as we have ruled that the ultimate purchaser of giveaway toiletries articles is the recipient of the articles.

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.

Cosmetic products may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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 212-466-5768.

Sincerely,

Roger J. Silvestri
Director

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