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NY B84124




May 2, 1997

CLA-2-98:RR:NC:2:228 B84124

CATEGORY: CLASSIFICATION

TARIFF NO.: 9801.00.1096

Ms. Dody Trombley
F.W. Myers & Co., Inc.
Myers Building
Rouses Point, NY 12979-1091

RE: The tariff classification of American made products packaged in Canada.

Dear Ms. Trombley:

In your letter dated March 28, 1997, on behalf of Fillab Inc., Montreal, Canada, you requested a tariff classification and country of origin marking ruling.

Six samples and pictorial literature were submitted with your letter. The samples, insect repellent and hair care products packed in plastic bottles, and food supplements in plastic ampules, were examined and disposed of. Fillab forms PVC sheet material of Canadian origin into blister bottle packs and ampules of varying shapes and sizes in Canada, and fills them with various bulk materials of American origin. The filled bottles or ampules are inserted into cardboard boxes or jackets, and re-exported to the United States for pharmaceutical and cosmetic use.

The applicable subheading for the American made products packaged in Canada will be 9801.00.1096, Harmonized Tariff Schedule of the United States (HTS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad...other. The rate of duty will be free.

In general, articles of United States origin sent abroad for processing are not subject to the requirements of 19 U.S.C. 1304 upon their return unless processing results in a substantial transformation. Packaging alone is not a substantial transformation. According to 19 CRF 134.24 disposable packaging is not required to be marked to indicate its own country of origin. The Federal Trade Commission (FTC) has jurisdiction concerning the marking of American made articles. Any inquiries on that subject should be directed to the FTC. The address is Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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