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HQ 558835




October 25, 1994

MAR-2-05-CO:R:C:S 558835 DEC

CATEGORY: MARKING

Mr. Bruce R. Lang
Specialties Sales, Incorporated
8940 N.W. Second Street
Coral Springs, Florida 33071

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

Dear Mr. Lang:

This is in response to your letter dated October 14, 1994, in which you seek a ruling with respect to the proper country of origin marking of boxes your client intends to import into the United States.

FACTS:

Your customer, Shelias Collectors Society of Charleston, South Carolina, intends to import empty Chinese-made cardboard or chipboard containers to use as packaging for gift products that are made in the United States. The outermost cartons which may contain hundreds or thousands of boxes will be marked with the cardboard or chipboard boxes country of origin. We are assuming that the cardboard and chipboard boxes that you refer to are disposable containers.

ISSUE:

Whether, under 19 U.S.C. 1304, imported Chinese-origin cardboard or chipboard boxes must be individually marked with their country of origin or whether it is sufficient to merely mark the outermost cartons in which the cardboard or chipboard boxes are imported.

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 United States 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 in the United States the name of the country of origin of the article. Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The marking requirements for disposable containers are provided for in 19 CFR 134.24, Customs Regulations (19 CFR 134.24). Disposable containers include "cans, bottles, paper or polyethylene bags, paperboard boxes, and similar containers or holders which are ordinarily discarded after the contents have been consumed." 19 CFR 134.24(a). The marking requirements for disposable containers that are imported to be filled are addressed in section 134.24(c)(1), Customs Regulations (19 CFR 134.24(c)(1)). This section provides that persons or firms who import empty disposable containers for the purpose of filling or packaging them with various products which they sell are the ultimate purchasers of these containers. Such containers may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D), provided the outside wrappings or packages containing them shall be clearly marked to indicate the country of origin. Headquarters Ruling Letter 735240, dated August 16, 1993.

HOLDING:

The cardboard or chipboard boxes to be imported by Shelias Collectors Society for filling with gift items are excepted from individual marking, provided that they are imported in cartons which are 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 product) in this original marked and unopened container.

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

Sincerely,

John Durant

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