NY 0859777 - Country of Origin Marking: Exception From Individual Marking of Bags With Properly Marked Containers - United States International Trade Commision Rulings

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NY 859777
Feb 1 1991

MAR:-05-:S:N:N1:236 859777

CATEGORY: MARKING

Mr. G. W. Graham
Commercial Service Manager
Tioxide America Incorporated
901 Warrenville Road
Suite 115
Lisle, IL 60532-4301

RE: Country of Origin Marking: Exception From Individual Marking of Bags With Properly Marked Containers

Dear Mr. Graham:

In your letter dated January 4, 1991 you requested a ruling on marking.

You indicate that Tioxide America imports titanium dioxide pigments only in pallet lots, i.e. in 50 lb. bags, 40 bags to a pallet. Presently, both individual bags and the shrink wrapped pallets are properly marked with the country of origin.

In the future, you would like to discontinue marking the individual 50 lb. bags, marking only the shrink wrapped pallets. You indicate that most of your imports go to industrial users (ultimate purchasers), but some shipments will go to wholesalers or distributors.

The ultimate purchaser is generally the last person in the U.S. who will receive the article in the form in which it was imported. In your case, the ultimate purchaser will be the paint or ink manufacturer or industrial user.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides in general that all articles of foreign origin must be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. (CR 134.11)

However, there are exceptions to the marking requirements set forth in 19 U.S.C. 1304 (a)(3). Among these exceptions is paragraph (a)(3)(D), which excepts articles from marking (marking of individual 50 lb. bags) if their containers will reasonably indicate the origin of the articles. For an item to fall under this exception the item must reach the ultimate purchaser in a properly marked container and the container must reach the ultimate purchaser unopened. In granting this exception we require assurances that in all foreseeable circumstances, the shrink wrapped pallet will reach the ultimate purchaser (industrial user) in its original unopened marked container. (CR 134.32(d)

When the product is sold in full pallet quantities, not to an ultimate user, but to a wholesaler or distributor, the individual bags and outer container must be marked with the country of origin. (CR 134.11).

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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