THE COUNTRY OF ORIGIN MARKING OF TOILETRIES

N027035 May 20, 2008 MAR-2 OT:RR:NC:N2:240 CATEGORY: MARKING Mr. Benjamin M. Bidwell C. H. Robinson Worldwide, Inc. 5343 West Imperial Highway Suite 850 Los Angles, CA 90045-6241 RE: THE COUNTRY OF ORIGIN MARKING OF TOILETRIES Dear Mr. Bidwell: This is in response to your letter dated April 25, 2008 requesting a ruling on the country of origin marking for imported toiletries. Marked samples were submitted with your letter for review, and will be retained by this office. You state in your letter that bulk toiletries manufactured in Australia and Malaysia will be sent to China for bottling and packaging. The bulk shampoo, conditioner, bath gel, body lotion, and mouthwash contain all the ingredients necessary for retail sale. The bottles, caps, and master cartons are products of China. The bulk liquid toiletries are poured into the bottles. The bottles are packed in master cartons. The bottling and packing processes are performed in China. The samples provided are marked with either “Made in Australia” or “Made in Malaysia”, depending upon the source of the toiletry. There is no further manufacturing process performed on the bulk toiletries in China. The toiletries of Australian and Malaysian origin are not substantially transformed by the bottling process performed in China. The bulk toiletries remain products of Australia and Malaysia, respectively. 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. The proposed marking “Made in Australia” and “Made in Malaysia”, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported toiletries. Perfumery, cosmetic and toiletry products are subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 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 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 at 646-733-. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division