That the processes performed in China are merely retail With respect to subheading 9801.00.10, HTSUS, you claim You contend that the packaged lipsticks are entitled to freeĮntry under subheading 9801.00.10, HTSUS, or alternatively, areĮntitled to a partial duty exemption under subheading 9802.00.50, Lipstick product which is sold in a container with a brush-typeĪpplicator is referred to as "liquid lipstick". For example, the bulk productĮxported to China is referred to as "lipstick mass", and a Generic term used in the trade to describe lipstick products both Used in the tube applicators as "lipstick", and in no otherįormat such as the "liquid lipstick", which is also manufacturedīy Arthur Matney. Product exported to China has a formulation which can only be Supplemental letter of May 8, 1992, you stated that the bulk At the conference held at Headquarters, and in your Printed on the reverse side of the blister pack directly below Side and contains the same information which appears on theīottom of the applicator. Of foreign origin, which lists the ingredients on the reverse In theĪlternative packaging, the lipstick is encased in a blister pack Of Arthur Matney, i.e., "Artmatic U.S.A.", as well as theĬompany's U.S. Which contains the registered and Customs-recorded trademark name Protection." At the bottom of the applicator is a round seal
patent number applicable to the seal, and a Is attached to the applicator to prevent the cap from being Over the lipstick, two alternative types of packaging are used to After the plastic cap of the applicator is placed Lipstick is then quickly passed near a flame to create a glossĮffect on the outside, thus making it look more attractive in theĪpplicator. Plastic tube applicator which is manufactured in China. Inserting each lipstick into the base of a non-reusable, retail The next operation performed in China consists of manually
The mass less viscose, does not change its chemical compositionīut merely permits the pouring of the mass into molds for You claim that the heating process, which makes Substance has the same consistency, i.e., it is a semi-solid That both before and after these operations the lipstick "bullet" shape of the individual lipstick products.
The mass is then poured into tubular moldsĪnd cooled to its original consistency to form the "stick" or Lipstick mass to China where the following operations will occur.įirst, the mass is warmed in vats until it reaches a consistency Referred to as "lipstick mass", which is in the shape of very FACTS: In the U.S., Arthur Matney manufactures a bulk product, A conference was heldĪt Customs Headquarters on April 14, 1992. With a clear seal affixed and the lipstick packaged in a tubeĪpplicator and encased in a blister pack. Small portion of the "lipstick mass", which is the bulk formĮxported to China the lipstick packaged in a tube applicator Ruling as to whether the product is exempt from country of origin Matney"), regarding the applicability of subheadings 9802.00.10Īnd 9802.00.80, Harmonized Tariff Schedule of the United States Ruling, on behalf of Arthur Matney Co., Inc. Supplemented by your letter dated May 8, 1992, requesting a Loring: This is in response to your letter dated November 6, 1991, Transformation Carr Guardian Dolliff 19 CFR 134.35 ġ9 CFR 134.46 T.D. Marking requirements for lipstick and applicator with a seal Packaging alteration incomplete article Country of origin Stick shapes, cooling, inserting into applicator tubes, and To China and subjected to heating, pouring into molds to form HTSUS, to packaged tube lipstick "lipstick mass" exported RE: Applicability of subheadings 9801.00.00.50, Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street New York, New York 10017
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