HQ 0735204 - Country of Origin Marking of Empty Disposable Bags. - United States International Trade Commision Rulings

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HQ 735204

February 9, 1994

MAR-2-05 CO:R:C:V 735204 RC

CATEGORY: MARKING

Mr. James J. Kelly
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, Pennsylvania 19153

RE: Country of Origin Marking of Empty Disposable Bags.

Dear Mr. Kelly:

This is in response to your letters dated May 20 and September 13, 1993, on behalf of your client Wiesner Trading Co., requesting a ruling concerning the country of origin marking requirements for empty disposable polyethylene mesh bags. We regret the delay in responding.

FACTS:

Your client proposes to import polyethylene mesh bags manufactured in Spain. The bags will contain fresh domestic produce. A sample bag has been submitted for our review. The bag has plastic handles and a drawstring. A label indicates "Produce of U.S.A." in English and French. You state that the outer cartons containing the bags will be marked "Made in Spain". The bags will be sold to growers, packers, and wholesalers.

ISSUES:

What are the country of origin marking requirements for the sample bag under 19 U.S.C. 1304 and Part 134?

LAW AND ANALYSIS:

The marking statute, section 304 of the Tariff Act of 1930, as amended (19 U.S.C. section 1304), provides 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 (or container) will permit, in such a manner as to indicate to the 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.

The "ultimate purchaser" is generally defined, in 19 CFR 134.1(d), as the last person in the United States who will receive the article in the form in which it was imported. Under 19 CFR 134.24(c)(1), containers or holders not designed for or capable of reuse imported to be filled by persons or firms who fill or package them with various products which they sell, these persons or firms are the "ultimate purchasers" of these containers or holders and they may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D). The outside wrappings or packages containing the containers shall be clearly marked to indicate the country of origin.

In HQ 735142 (December 9, 1993), Customs excepted from country of origin marking shipping envelopes made in Canada for use by a U.S. shipping company finding the latter to be the ultimate purchaser.

The instant facts are analogous to those in HQ 735142. Here, we consider the growers, packers, and wholesalers to be the "ultimate purchasers" of the disposable bags, not the people who will buy the bags filled with produce. The polyethylene bags will be imported in properly marked containers and, as such, the disposable bags are excepted from individual marking.

Note that any articles marked with the words "USA", "Made in USA", or in reference to a U.S. locale must comply with the requirements of the Federal Trade Commission. You should direct any questions on this aspect directly to the Federal Trade Commission.

HOLDING:

The disposable mesh bags are excepted from country of origin marking under 19 U.S.C. 1304 and Part 134. Because of the "Produce of U.S.A." marking, Customs officials must be satisfied that the bags will, in fact, be used to pack produce of U.S. origin.

Sincerely,

John Durant, Director

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