CLA-2-96:RR:NC:SP:233 G87259
Mr. M. Kenneth Behr
Ferrara International Logistics, Inc.
460 Hillside Avenue
Hillside, NJ 07205
RE: The tariff classification and country of origin marking of toothpaste and toothbrushes from India.
Dear Mr. Behr:
In your letter dated February 14, 2001, on behalf of Springfield International Co., you requested a ruling on tariff classification and country of origin marking.
The merchandise to be imported consists of toothpaste and toothbrushes as follows:
Fluoridated mint-flavored toothpaste contained in laminated tube form, to be sold under the brand name of “Coool,” containing 0.76% sodium monofluorophosphate as the active ingredient. The toothpaste may or may not be packaged with a free toothbrush. A photocopy of the toothpaste packaging and labeling information (Exhibit 1) has been provided for our review.
Fluoridated mint-flavored toothpaste contained in laminated tube form, to be sold under the brand name “Supreme,” containing 0.76% sodium monofluorophosphate as the active ingredient. The toothpaste may or may not be packaged with a free toothbrush. A photocopy of the toothpaste packaging and labeling information (Exhibit 2) has been provided for our review.
Adult toothbrushes made of plastic, approximately 7 ½” long, with the block handle and neck being 6” long. Soft plastic bristles are set in the tuft holes of the block head of the toothbrush. The toothbrushes lack stimulator tips of any kind. A sample of an adult toothbrush (Exhibit 3) has been provided for our review.
Toothbrushes that are designed for children’s use which are essentially like the adult toothbrush. The major difference has to do with the size: the children’s toothbrush has an overall length of 6”. It also has rubberized grips on the block handle. A sample of a child’s toothbrush (Exhibit 4) has been provided for our review.
The toothbrushes that are not imported in the packages containing the toothpaste, as described above, will be imported in blister packs. A blister pack containing a toothbrush (Exhibit 5) has been provided for our review. The blister packs will contain from one to ten toothbrushes. The toothbrushes may also be imported in bulk, with hundreds of toothbrushes to be packaged in large plastic bags, which will then be placed in large cardboard boxes or wooden crates for their export to the United States. The toothbrushes that are imported in bulk are to be sold to domestic retail stores. The bulk shipments will have labels affixed to the plastic bags and cardboard boxes or wooden crates that state in the English language the following: MANUFACTURED IN INDIA. In some cases involving bulk shipments, it is anticipated that the retailers will re-package the individual toothbrushes before making them available to American consumers. In other cases involving bulk shipments, it is anticipated that the retailers will remove the individual toothbrushes from their containers and offer them for retail sale without repackaging them.
The toothpastes, if imported to be sold in packages containing the toothbrushes, meet the qualification of “goods put up in sets for retail sale.” The components of the sets consist of at least two different articles which are, prima facie, classifiable in different headings. They are put together to meet a particular need or carry out a specific activity, and they are packed for sale directly to users without repacking. The toothpaste imparts the essential character of the sets.
The applicable subheading for the toothpaste and toothbrush sets will be 3306.10.0000, HTS, which provides for preparations for oral or dental hygiene… dentrifices. The rate of duty will be free.
The applicable subheading for the toothbrushes, if imported separately, will be 9603.21.0000, HTS, which provides for toothbrushes, including dental-plate brushes. The rate of duty will be free.
You have inquired as to the following:
The country of origin marking of the toothbrushes when the toothbrushes are imported in blister packs
The country of origin marking of the toothbrushes when they are imported in bulk shipments
The country of origin marking of the toothbrushes when a subsequent domestic buyer with knowledge of the country of origin of the imported toothbrushes then repackages (or does not do so) the items and makes them available to American consumers at retail
The importer’s obligations when a domestic purchaser of a bulk shipment of toothbrushes sells the bulk shipment to a subsequent buyer
The country of origin marking of the toothpaste
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. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported.
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.
In response to your inquiries regarding the country of origin marking for the toothbrushes in the above-described situations, marking is required for each toothbrush, either on the toothbrush itself or on the blister pack or package. In cases where the blister packs contain more than one toothbrush, only the blister pack needs to be marked. Regarding the country of origin marking for the toothpastes, we note that the packaging is marked “MADE IN INDIA.” The toothpastes are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
Note that articles classifiable in subheading 3306.10.0000, HTS, (the toothpastes) may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-3380.
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 Lawrence Mushinske at 212-637-7061.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division