HQ 734932 - Country of origin marking of imported mesh polypropylene and woven polypropylene bags; 19 CFR ?134.24(c). - United States International Trade Commision Rulings

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HQ 734932

January 3, 1994

MAR-2-05 CO:R:C:V 734932 KR

CATEGORY: MARKING

Mr. Mike Zook
Fulton Denver Company
3500 Wynkoop Street
Denver, CO 80216

RE: Country of origin marking of imported mesh polypropylene and woven polypropylene bags; 19 CFR ?134.24(c).

Dear Mr. Zook:

This is in response to your letter to the New York Area Director of Customs dated November 10, 1992, and subsequently forwarded to this office. We regret the delay in responding. You requested a country of origin marking ruling regarding imported mesh polypropylene and woven polypropylene bags. You submitted a sample bag for our consideration.

FACTS:

You state that the polypropylene bags are imported and sold only in full bale quantities. After importation the bags are to be filled with commodities such as onions, beans and flour of U.S. origin. You do not wish to mark the individual bags with the bag's country of origin. You wish to place the country of origin marking on the bag's full bale cover. The sample bag is marked with the U.S. address of the filler, as well as stating that the product was "IDAHO-OREGON U.S. NO.1".

ISSUE:

Is the person who fills the bag with the commodity the ultimate purchaser of a disposable container which is imported to be filled within the meaning of 19 CFR ?134.24(c), such that the container may be excepted from individual marking?

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. Subpart C of Part 134 (19 CFR ?134.21 et seq.), sets forth the rules for the marking of containers and holders. An article is excepted from marking under 19 CFR or packaged with various products which are then sold. The person who fills the container is considered the ultimate purchaser of the container. The outside wrappings or packages containing the imported containers must be clearly marked to indicate the country of origin of the containers.

We are satisfied that the imported bags are of the type defined as disposable containers ("[o]rdinarily discarded after the contents have been consumed") in section 134.24(a) of Subpart C, Part 134 which, when imported to be filled, may be excepted from individual marking pursuant to 19 U.S.C. with the commodity in the U.S., is the ultimate purchaser of the polypropylene bag. Further, containers may be imported pre-printed with the country of origin of the product intended to fill the container so long as it is clear that the pre-printed marking refers to the contents and not to the container. HQ 733274 (June 19, 1990); HQ 734240 (December 24, 1991).

In this instance the ultimate purchaser of the bags imported to be filled in the U.S. will be the person who will fill the bag with the U.S. commodity. You state that you intend to mark the full bale cover containing the bags with the country of origin of the bags. If this is the case, pursuant to 19 CFR 134.24(c)(1), the individual bags are excepted from country of origin marking. The bags may be pre-printed with the country of origin of the bag's prospective contents so long as the marking clearly refers to the product filling the bag and not the bag itself. The district director at the port of entry must be satisfied that the bags will be used only for the above-described purpose.

HOLDING:

The imported polypropylene bags are disposable containers within the meaning of Subpart C, Part 134, Customs Regulations. As such, the ultimate purchaser is the person who fills them, and the bags may be excepted from individual country of origin marking pursuant to 19 CFR ?134.24(c)(1). The presence of U.S. addresses on the bags are not improper indications of the contents which will fill the bags.

Sincerely,

John Durant, Director

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