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NY B87209




July 10, 1997

MAR-2 RR:NC:2:221 B87209

CATEGORY: MARKING

Mr. Robert T. Min
American Customs Service, Inc.
11940 Aviation Blvd.
Inglewood, CA 90304

RE: The country of origin marking requirements for plastic film from Korea.

Dear Mr. Min:

In your letter dated June 27, 1997, on behalf of Kirin Flexible Packaging, Inc., you requested a ruling on the country of origin marking requirements for plastic film for food wrap.

The film will be imported in rolls and cut to a predetermined size by machine to form a bag used to package pretzels. The film is marked "Made in U.S.A." This reference to domestic origin, you claim, refers to the contents of the bags, and not the bags themselves.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States 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 United States the English name of the country of origin of the article. Section 134.1(d), Customs Regulations [19 CFR 134.1(d)], defines "ultimate purchaser" as "generally the last person in the United States who will receive the article in the form in which it was imported."

Section 134.24(b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers, not designed or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser. The same rationale may be applied to this film, which although it is not a container in its imported form, will be used to form containers. The packers of the pretzels are considered to be the ultimate purchasers of the film. Therefore, the film may be excepted from individual marking provided the shipping containers or rolls in which they are imported are marked to indicate the country of origin of the film, and the Customs officers at the port of entry are satisfied that the shipping containers or rolls will reach the ultimate purchaser unopened.

The statement "Made in U.S.A" presents another difficulty, since such a statement is not acceptable unless the contents with which the film will be packaged are of American origin. This marking is acceptable only if there is sufficient evidence to satisfy the port director at the port of entry that the film will be used only to package goods made in the United States.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at 212-466-5580.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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