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NY M83640




May 26, 2006

CLA-2-33:RR:NC:2:240 M83640

CATEGORY: CLASSIFICATION

TARIFF NO.: 3307.49.0000

Mr. Sean Cole
Schering-Plough
3070 Route 22 West
Branchburg, New Jersey 08876

RE: The tariff classification and country of origin marking of Odor Destroying Shoe Sphere from China

Dear Mr. Cole:

In your letter dated May 12, 2006, you requested a tariff classification and country of origin marking ruling for an Odor Destroying Shoe Sphere. You submitted an unmarked sample with your letter.

The Odor Destroying Shoe Sphere is composed of a molded polypropylene sphere with an outer, rotating cover for opening and closing of the article. The sphere contains a fragranced porous disk. The Odor Destroying Shoe Sphere is placed inside the shoe to neutralize odors and provide a fragrance. Although the product will be sold at retail, you provided the Odor Destroying Shoe Sphere without the outer retail package.

The applicable subheading for the Odor Destroying Shoe Sphere will be 3307.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other. The rate of duty will be 6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which are 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 (301) 436-1130.

As per your request for a country of origin marking ruling, the sample you submitted did not display a country or origin marking. You also did not submit the outer retail packaging for the product. 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.

We cannot comment on the actual marking of the Odor Destroying Shoe Sphere because we have received neither a description of the country of origin mark nor a marked sample of the product to be sold at retail. You should insure that the proposed marking of the imported article is conspicuously, legibly and permanently marked to indicate the country of origin as China in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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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