HQ 0731318 - Country of origin marking requirements for vinyl cases to be filled in the U.S. with packets of pills - United States International Trade Commision Rulings

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HQ 731318
August 12, 1988

MAR 2-05 CO:R:C:V 731318 LR

CATEGORY: MARKING

Howard Bieber
NSC Corporation
4300 W. Lake Street
Chicago, Illinois 60624

RE: Country of origin marking requirements for vinyl cases to be filled in the U.S. with packets of pills

Dear Mr. Bieber:

This is in response to your letter dated March 7, 1988, requesting a ruling concerning the country of origin marking requirements of vinyl cases which will be filled in the U.S. after importation with packets of birth control pills.

FACTS:

Heatsealed vinyl cases are imported in bulk (approximately 100 pieces in a polybag) and are sold to a pharmaceutical company. The cases are quite thin and flimsy in nature and measure approximately 4 1/2 inches x 3 3/4 inches. There is a perforation in the middle of each case to permit it to be folded in half with a pocket on one side. The pharmaceutical company will insert a packet of birth control pills into the pocket of each vinyl case. The cases containing the birth control packets will then be distributed to the consumer by resale channels and free distribution.

ISSUE:

Whether it is acceptable to mark the country of origin on the polybag in which the vinyl cases are imported instead of the individual cases.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires 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 container) will permit in such manner as to indicate to an ultimate purchaser in
the U.S. the English name of the country of origin of the article. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)), defines "ultimate purchaser" as "generally the last person in the U.S. who will receive the article in the form in which it was imported."

The marking requirements which are applicable to containers depend in part on whether the containers are reusable or whether they are disposable. Section 134.23, Customs Regulations (19 CFR 134.23), provides that reusable containers, i.e., containers or holders designed for or capable of reuse after the contents have been consumed, must be individually marked to indicate the country of their own origin, whether imported empty or full. The examples of reusable containers which are cited include mustard jars reusable as beer mugs; shaving soap containers reusable as shaving mugs; fancy cologne bottles reusable as flower vases, and other containers which have a lasting or decorative effect. Section 134.24, Customs Regulations (19 CFR 134.24), sets forth the requirements for disposable containers, i.e., the usual ordinary types of containers or holders, including cans, bottles, paper or polyethelyne bags, paperboard boxes, and similar containers or holders which are ordinarily discarded after the contents have been consumed. If such containers are imported empty and are packed and sold in multiple units, 19 CFR 134.24(b) provides that the marking requirements ordinarily may be met by marking the outermost container which reaches the ultimate purchaser.

We consider the vinyl cases to be disposable containers within the meaning of 19 CFR 134.24 since they are an ordinary type of packaging which in most cases would be discarded after the pills have been consumed. Unlike the reusable containers mentioned in 19 CFR 134.23, the vinyl containers are flimsy and have no lasting value or decorative use. As such, it is acceptable to mark the outermost package which reaches the ultimate purchaser. Based on the facts presented, we believe that the ultimate purchaser of the vinyl case is the pharmaceutical company that places the packet of birth control pills within the case.

HOLDING:

The marking of the country of origin on the polybag in which the vinyl cases are imported, in lieu of marking the vinyl case itself, is acceptable provided the district director is satisfied that: 1) the cases are packed and sold in multiple
units; 2) the cases will be used only in the manner described above and will not be otherwise sold; and 3) the importer will sell or otherwise supply the cases directly to the pharmaceutical company in their original unopened marked polybags. A statement to this effect should be submitted with each entry.

Sincerely,

Marvin M. Amernick

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