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NY L89629




January 10, 2006

CLA-2-33:RR:NC:2:240 L89629

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000

Ms. Kathryn J. Gilmore
PBB Global Logistics, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification of Lip Balm from China

Dear Ms. Gilmore:

In your letter dated December 22, 2005 you requested a tariff classification ruling. In addition, you requested information regarding the country of origin marking requirements for Lip Balm. Two samples were submitted with your ruling request for review.

The sample, identified as LB1 Lip Balm, consists of a thin, plastic, swivel tube containing 3.6 grams of lip balm. The tube has a hole in the cap to clip onto a Lanyard. The sample, identified as LB2 Lip Balm, consists of a compact, plastic, swivel tube containing 3.6 grams of lip balm. The samples each contain an emulsifying agent, microcrystalline wax, paraffin, beeswax, isopropyl palmitate, Vaseline, castor oil, antioxidant and vitamin E. The products are lip preparations used to protect and moisturize the lips. The samples will not be returned.

The applicable subheading for Lip Balm will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure of pedicure preparations: Lip make-up preparations. The rate of duty 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.

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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