HQ 0731698 - Country of origin marking requirements for imported disposable containers - United States International Trade Commision Rulings

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HQ 731698

June 30, 1989

MAR 2-05 CO:R:C:V 731698 pmh

CATEGORY: MARKING

Ms. Kim Scheffel Baker
Sinclair & Rush, Inc.
6916 South Broadway
St. Louis, MO 63111

RE: Country of origin marking requirements for imported disposable containers

Dear Ms. Baker:

This is in response to your letter dated August 18, 1988, requesting a ruling on country of origin marking requirements for PVC (polyvinyl chloride) packaging bags imported in bulk from Taiwan. These bags will constitute the packaging for U.S.-made bicycle grips which will be sold in the U.S. You wish to know whether the bags are required to be marked with their country of origin. We regret the delay in responding to your inquiry.

FACTS:

You indicate that after importation each bag will be filled with two bicycle grips which are made in the U.S. A U.S.-made card is then stapled onto the package to close the bag. You ask whether it is acceptable to mark the card with "Made In the U.S.A.," in reference to the bicycle grips, with no other indication as to where the packaging is from. You have submitted a sample which consists of a lightweight transparent PVC bag approximately 9 and 1/2 inches long and 5 and 1/2 inches wide. The cardboard card used to seal the bag is approximately 3 inches long and the width of the bag. You have indicated that the subject packaging will be exactly the same as the sample bag submitted. You have further indicated that at the bottom of the label will appear the words: "Mfd. for Cycle Products Co., Made in USA." You maintain that after purchasing, the ultimate purchaser will keep the bicycle grips and disgard the packaging. You ask whether the proposed marking is in compliance with country of origin marking requirements. You also ask whether the proposed marking would be in compliance with the marking requirements if the cardboard card was imported rather than U.S.- made.

ISSUE:

Whether disposable packaging material is required to be marked with the country of origin.

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 imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

In this case, only the packaging material is imported. You have indicated two possible scenerios. In one scenerio the PVC bag is imported and the cardboard card is made in the U.S. In the other scenerio the PVC bag and the cardboard card are imported. In both scenerios the imported articles constitute the container in which a U.S.-made article is sold.

While the purpose of the marking law and regulations is to inform purchasers in the U.S. of the origin of imported products, certain exceptions apply when the article imported is not the eventual consumer product, but rather the container or holder of such product. The marking requirements which are applicable to containers or holders depend in part on whether the containers or holders are reusable or whether they are disposable. Section 134.23, Customs Regulations (19 CFR 134.23), provides that usual and ordinary reusable containers, i.e., containers or holders designed for or capable of reuse after the contents have been consumed, whether imported full or empty, must be individually marked to indicate the country of their own origin. Paragraph (b) of 19 CFR 134.23 cites several examples of reusable containers, such as 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), defines disposable containers or holders as the usual and ordinary types of containers or holders such as cans, bottles, paper or polyethylene bags, paperboard boxes and similar types of containers or holders which are ordinarily disgarded after the contents have been consumed. Section 134.24(c)(1) provides that when such containers are imported empty by persons or firms who fill or package them with various products which they sell, such persons or firms are the "ultimate purchasers" of these disposable containers and, pursuant to 19 U.S.C. 1304(a)(3)(D), the marking requirements ordinarily may be met by marking the outermost package or wrapping in which the disposable containers are imported.

After examination of the submitted sample, it is our opinion that the subject packaging (i.e., PVC bags and/or cardboard card) would constitute a disposable container within the meaning of 19 CFR 134.24 since they are an ordinary type of packaging which in most cases will be disgarded after the bicycle grips have been removed. Therefore, the individual bags and/or cardboard cards may be excepted from individual marking. However, the outside wrappings or packaging in which the bags are imported must be clearly marked to indicate the country of origin.

Although the PVC bags in this case are excepted from individual marking according to 19 CFR 134.24(c)(1), a U.S. address appears on the cardboard card that seals the bag. Generally, when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article, section 134.46, Customs Regulations (19 CFR 134.46), requires that the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning shall appear, in close proximity to such words, letters or name, and in at least a comparable size.

Addressing this apparent conflict in the regulations, Customs has held that disposable containers imported empty to be filled by a domestic company and not intended for reuse may be excepted from individual marking pursuant to 19 CFR 134.24(c)(1), provided the address that appears on the container is clearly in reference to the contents of the container and not the container, itself. (See HQ ruling 716243, dated June 25, 1981.)

HOLDING:

Based on the above considerations and after careful examination of the submitted sample, it is our opinion that the imported disposable PVC bags and/or the cardboard cards may be excepted from individual marking pursuant to 19 CFR 134.24(c)(1) and that marking the country of origin on the outermost wrapping in which they are imported is acceptable. In addition, we find that the address that appears on the cardboard card is not misleading and that it is clear from the name of the company (Cycle Products Co.), that it refers to the contents of the bag and not the bag, itself.

Sincerely,

Marvin M. Amernick

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