HQ 0735240 - Country of origin marking of disposable packaging; 19 CFR 134.24 - United States International Trade Commision Rulings

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HQ 735240

August 16, 1993

MAR 2-05 CO:R:C:V 735240 LR

CATEGORY: MARKING

Ms. Mary Jensen c/o Ace Bag Company
15125 Garnet Street N.W.
Ramsey, MN. 55303

RE: Country of origin marking of disposable packaging; 19 CFR 134.24

Dear Ms. Jensen:

This is in response to your letter requesting a ruling the regarding the country of marking of certain disposable containers.

FACTS:

You wish to import packaging for handmade greeting cards. The packaging is a clear plastic envelope. You would like to import them in boxes or packages of 100 to a box and have the Japanese manufacturer put the country of origin label on the box rather than on each individual envelope. We assume that the envelopes will be used only to package the greeting cards and that they will not be otherwise sold. We also assume that the marked boxes will reach the person or firm who will package the greeting cards into the envelopes.

ISSUE:

Whether it is acceptable to mark the country of origin of the clear plastic envelopes on the boxes in which they are imported instead of on the envelopes themselves.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 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.

Articles for which the marking of the containers will reasonably indicate their origin are excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). This exception applies only if the article in question is imported in a properly marked container and Customs is satisfied that the article will reach the ultimate purchaser in this original marked unopened container.

The marking requirements for disposable containers are provided in 19 CFR 134.24. Disposable containers include "cans, bottles, paper or polyethylene bags, paperboard boxes, and similar container or holders which are ordinarily discarded after the contents have ben consumed." 19 CFR 134.24(a). The submitted sample falls within this category of containers. With regard to disposable containers imported to be filled, 19 CFR 134.24(c)(1) provides that the persons or firms who package them are the ultimate purchasers of these containers and that such containers may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D). However, the outside wrapping or packages containing them shall be clearly marked to indicate the country of origin.

HOLDING:

The containers in question are excepted from individual marking provided they are used only in the manner described above, they are imported in a package which is marked to indicate the country of origin and the district director at the port of entry is satisfied that they will reach the ultimate purchaser (the persons or firm who fills them with the greeting cards) in this original marked unopened container.

Sincerely,

John Durant, Director

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