HQ 0733716 - Country of origin marking of disposable plastic bottles and vials imported empty to be filled by pharmacists with medicines and pills. 19 CFR 134.22; 19 CFR 134.23; 19 CFR 134.24(b) and (c); C.S.D.88-28; 734027; 732823 - United States International Trade Commision Rulings

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HQ 733716

June 6, 1991

MAR-2-05 CO:R:C:V 733716 GRV

CATEGORY: MARKING

Mr. Fernando Velez
President
Panamerican Marketing Co., Inc.
6922 N.W. 46th Street
Miami, FL 33166

RE: Country of origin marking of disposable plastic bottles and vials imported empty to be filled by pharmacists with medicines and pills. 19 CFR 134.22; 19 CFR 134.23; 19 CFR 134.24(b) and (c); C.S.D.88-28; 734027; 732823

Dear Mr. Velez:

This is in reply to your letters of August 8 and 20, 1990, requesting a ruling regarding the country of origin marking requirements applicable to plastic bottles imported empty that will be filled by various pharmacists with medicines or pills. Samples of a plastic bottle and vial were submitted for examination. In a telephone conversation with a member of my staff on May 29, 1991, you added and clarified certain information which was considered in this ruling.

FACTS:

Your company will manufacture different size plastic bottles and vials in Venezuela and import them empty in bulk (approxi- mately 130-700/box, depending on the size of the individual containers) into the U.S. In the U.S., the empty bottles/vials subsequently will be sold in the same imported containers to pharmacists, who will in turn fill them with medicines or pills. Regarding the two samples submitted for examination, we note that both are brown in color, transparent, and plain in nature. On one of the bottles, measurements for cc. and oz. are indicated by raised markings created during the manufacturing process.

You inquire if the packaging of the plastic bottles and vials can be marked with the country of origin in lieu of the individual bottles/vials.

ISSUE:

Whether the empty plastic bottles and vials, imported into the U.S. to be filled in turn by pharmacists with medicines and pills, must be individually marked with their country of origin or will marking the outermost container meet the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.24.

LAW AND ANALYSIS:

The marking statute, section 304 of the 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 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.

The primary purpose of the country of origin marking statute is to "mark the goods so that at the time of purchase the ulti- mate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influ- ence his will." United States v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940). The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d).

Where the articles imported constitute containers, 19 CFR Subpart C is applicable, and section 134.22(b) of this subpart provides generally that:

[c]ontainers or holders for imported merchandise which are subject to treatment as imported articles under the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall be marked to indicate clearly the country of their own origin in addition to any marking which may be required to show the country of origin of their contents.

However, the country of origin marking requirements applicable to imported containers also depend, in part, on whether the containers are reusable or disposable in nature. 19 CFR 134.23 and 134.24. Disposable containers to be filled by the importer are not required to be individually marked. 19 CFR 134.22(d)(3) and 134.24(c).

Section 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. Illustrative examples of such reusable containers 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. In contrast to this section, section 134.24 provides that disposable containers, i.e., con- tainers or holders which are the usual ordinary types of contain- ers or holders that are ordinarily discarded after the contents have been consumed, may or may not have to be individually marked to indicate the country of their own origin, depending on who the ultimate purchaser is and whether the conditions for the subsequent disposition of the imported merchandise warrant the applicability of other marking exceptions. See, 19 CFR 134.24(b) and (c). Illustrative examples of such disposable containers include cans, bottles, paper or polyethylene bags, paperboard boxes, and similar containers or holders ordinarily discarded after the contents have been consumed.

As the bottles and vials in this case are made of plastic and do not appear to have a lasting value or decorative use, and further appear to be the usual ordinary type of container for the packaging of pills and medicine, we find that they constitute disposable containers within the meaning of 19 CFR 134.24. This determination is in accord with C.S.D. 88-28, 22 Cust.Bull. 389 (1988), where vinyl cases imported in bulk (approximately 100 pieces in a polybag) to be filled in the U.S. with packets of pills were found to constitute disposable containers since they were the ordinary type of packaging which in most cases would be discarded after the pills were consumed.

Further, as the imported merchandise here is not repackaged or otherwise manipulated and, therefore, is sold in multiple units, section 134.24(b) provides that such merchandise can ordinarily meet the marking requirements by marking the outer- most container which reaches the ultimate purchaser. When dis- posable containers are imported by persons or firms who fill them with various products they sell, these persons or firms are the ultimate purchasers for these containers and they may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). Customs has ruled that this provision is not limited solely to an importer filler, but also to other parties who fill disposable bottles. See, Headquarters Ruling Letters (HRLs) 734027 dated May 21, 1991 and 732823 dated January 19, 1990. In this case, the ultimate purchaser is the pharmacist who fills the bottles with medicines and pills. Accordingly, if the boxes in which this merchandise is imported in are marked to indicate the country of origin of the disposable plastic bottles and vials, then subject to the provisos below the individual plastic units need not be marked. Again, this accords with our determination in C.S.D. 88-28.

HOLDING:

Based on the information and samples submitted, the plastic bottles and vials, imported into the U.S. empty and subsequently sold in multiple units to be filled by pharmacists with medicines and pills, are disposable and need not be individually marked, as marking the outer boxes meets the marking requirements of 19 U.S.C. 1304, 19 CFR 134.24(b) and (c). This ruling is applicable if the bottles and vials are imported in a marked box and the district director at the port of entry is satisfied that the ultimate purchaser, the pharmacist, will receive them in this condition.

Sincerely,

John Durant, Director
Commercial Rulings Division

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