MAR-2-05 CO:R:C:V 735501 NL
Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919
RE: Condom Novelty Lollipop; HQ 955050
Dear Mr. LeClair:
This is in reply to your letter of September 20, 1993, on
behalf of H.M. Smallwares, Ltd. A ruling addressing the tariff
classification of the articles in question was issued by the Food
and Chemicals Classification Branch of this office on February 28,
1994, as HQ 955050. Our ruling concerning country of origin
marking is set forth below.
FACTS:
The requested ruling concerns the country of origin marking
of a novelty item consisting of a wrapped condom imported from
Korea which is finished in Canada by affixing a bow, a lollipop
stick, and a humorous label.
ISSUE:
What is the required marking for the completed article under
the Marking Rules of the North American Free Trade Agreement
(NAFTA) when it is imported into the U.S.?
LAW AND ANALYSIS:
As of January 1, 1994, the country of origin of a good
imported into the U.S. from Canada is determined pursuant to the
NAFTA Marking Rules, promulgated as Treasury Decision 94-4, to be
codified as Part 102, Customs Regulations (19 CFR Part 102).
As provided therein, an article classifiable under Heading
4016, HTSUS, is considered to be a product of the NAFTA country in
which a tariff shift occurred, provided the shift was a change to
a subheading within Heading 4016 from any other subheading.
Accordingly, a Korean origin hygenic or pharmaceutical article
classifiable under Heading 4014, HTSUS, becomes a product of Canada
for NAFTA country of origin marking purposes when, in Canada, it
is changed by the addition of a bow, stick, and label to an article
classifiable under Heading 4016, HTSUS. The novelty condom
lollipop is, therefore, a good of Canada for country of origin
marking purposes.
The sample submitted included a lollipop stick which bore the
legend, "Made in USA". You have advised this office that in this
regard the sample is not representative, as there will be no such
legend appearing on the completed novelty item as imported into the
U.S. With this understanding, it is sufficient to state that any
method of marking the article with the name of its country of
origin which is conspicuous, legible, and sufficiently permanent
will be acceptable.
HOLDING:
The condom novelty item is considered a good of Canada for
country of origin marking purposes.
Sincerely,
John Durant
Director, Commercial
Rulings Division