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NY K87144




July 1, 2004
CLA-2-42:RR:NC:TA:341 K87144

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 3303.00.3000

Mr. Howard J. Woltmann
Overton & Co. Air Services, Inc.
700 Rockaway Turnpike, Suite 201
Lawerence, NY 11559

RE: The tariff classification and marking of a travel toiletry bag from China and Eau de toilette from France.

Dear Mr. Woltmann:

In your letter dated June 18, 2004, on behalf of Unilever Cosmetics, International, you requested a classification ruling.

The sample submitted is not identified by style number. The item consists of a cotton canvas toiletry bag measuring approximately 8 ½”(W) x 4 ½”(H) x 6”(D) designed to contain toiletries/cosmetics during travel. Inside the bag is a bottle of CKOne Eau de cologne containing alcohol. The bag features a single vinyl lined interior compartment with no additional features. The bag has a top zippered closure and a side-carrying handle that is attached by means of a dog leash type fastener. You have indicated that the above items will be sold at retail sale as a set. However, for classification purposes the items are not considered to be a set. Each item will be classified separately.

The applicable subheading for the toiletry bag of cotton canvas will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

HTS 4202.92.1500 falls within textile category designation 369. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

The applicable subheading for the CKOne Eau de toilette will be 3303.00.3000, HTS, which provides for perfumes and toilet waters: Containing alcohol... The duty rate will be Free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412.

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.

It is suggested that the imported toiletry bag be marked by means of a sewn-in fabric label which reads “Made in China” near the top inside seam to be as conspicuously, legibly and permanently marked as the article will permit and within satisifaction of the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134.

Each individual bottle of fragrance must be marked “Made in France” as conspicuously, legibly and permanently as the article will permit.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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