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NY 896135




April 5, 1994

MAR-2-39:S:N:N6:221 896135

CATEGORY: MARKING

Mr. Sydney B. Sederoff
Polystar Packaging Inc.
7975, Marco Polo
Montreal, Quebec, Canada H1E 1N8

RE: The country of origin marking requirements for polyethylene bags.

Dear Mr. Sederoff:

In your letter dated February 19, 1994, you requested a country of origin marking ruling.

The polyethylene bags are imported empty and used by American horticultural firms to package top soil, potting soil, wood chips, bark, mulch and similar products. These firms then sell to retailers who sell to consumers who discard the bags after the contents have been consumed. The bags are not individually marked, but the boxes in which the bags are imported are marked "Made in Canada." You wish to know if the bags are exempted from individual marking requirements.

Section 134.24 (b), Customs Regulations, provides that "Disposable containers imported for distribution or sale are subject to treatment as imported articles...and shall be marked to indicate the country of their own origin." The regulation further states, "However, when containers are packed and sold in multiple units (dozens, gross, etc.), this requirement ordinarily may be met by marking the outermost container which reaches the ultimate purchaser." In the present instance, the American horticultural firms are the ultimate purchasers, and the bags may be excepted from individual marking, provided that the outermost containers are marked.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. 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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