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NY 892942




December 10, 1993

MAR-2-39:S:N:N6:221 892942

CATEGORY: MARKING

Mr. Philip M. Snell
Licks International, Inc.
2601 Elliott Avenue #4319
Seattle , Washington 98121-1326

RE: The country of origin marking requirements for condom cases made in Taiwan.

Dear Mr. Snell:

In your letter dated November 29, 1993, you requested a tariff classification ruling.

Condom cases composed of molded plastics will be imported empty and filled with condoms made in the United States. Two sample cases were submitted with your ruling request. One case is designed to hold three condoms; the other case approximately six. According to the label on one of the cases, the condoms are not meant to prevent pregnancy or disease. Rather, the condoms along with the case are part of a novelty item. You claim that the cases are disposable and should be exempt from individual country of origin marking requirements.

Section 134.24 (b) of the Customs Regulations provides for marking exceptions for disposable containers. The condom cases, however, are not disposable; they are part of a novelty item. In any event, even if they were packaged with usable condoms, the cases are clearly reusable. Therefore, the cases are not exempt from country of origin marking requirements. Each case should be marked "Case Made in Taiwan."

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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