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NY 808300




March 24, 1995

MAR-2-48:S:N8:234 808300

CATEGORY: MARKING

Ms. Kellee Tyner
General Manager
Licks International, Inc.
2601 Elliott Avenue, Suite 4319
Seattle, Washington 98121

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

Dear Ms. Tyner:

This is in response to your letter dated February 14, 1995, in which you seek a ruling with respect to the proper country of origin marking of paperboard boxes which you intend to import into the United States.

The boxes are produced in Malaysia, will be imported empty, and will serve temporarily as "point of sale" display cases for U.S. made products. When the boxes are "sold out" of their U.S. contents, they will be disposed of.

The marking requirements for disposable containers are provided for in Section 134.24, Customs Regulations (19 CFR 134.24). Disposable containers include "...paperboard boxes...which are ordinarily discarded after the contents have been consumed."

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, (i.e., they need not be marked with the country of their origin) 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, 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

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 handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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