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NY B89526

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October 2, 1997

MAR-2 RR:NC:SP:221 B89526

CATEGORY: MARKING

Mr. Elton Yost
SymbolArts, Inc.
P.O. Box 9621
Odgen, UT 84409

RE: Country of origin marking of plastic packaging bags from China.

Dear Mr. Yost:

This is in response to your letter dated September 10, 1997, requesting a ruling on whether the proposed marking of a packaging bag is an acceptable country of origin marking if another marking appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review.

You have included illustrations of two types of bags. It appears that these are packaging bags, made of heat sealed sheeting of plastics, with integral extruded closures. The illustrations indicate that each bag is marked with the name of your company and its location, i.e., Ogden, Utah, USA. Printed below that marking are the words "Bag made in China."

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides 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 its 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 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. In general, the addition of the words "Bag made in China" below the reference to the domestic address would satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and would be an acceptable country of origin marking for the bags.

However, a reference to a domestic locale on a container is not acceptable unless the contents with which the containers will be packaged are of American origin. Your proposed marking would not be acceptable absent sufficient evidence to satisfy the port director at the port of entry that the bags will be packed only with merchandise made in the United States. Since your letter indicates that the rings which will be packed inside the bags are imported, the proposed marking is not acceptable, and any reference to a domestic address must be eliminated from the bags.

Section 134.24(b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers, not designed for 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 vendors of the rings who package the rings in the bags are considered to be the ultimate purchasers of the bags. Therefore, once the reference to the domestic address is removed from the bag, the bags may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the bags, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

This ruling is being issued under the provisions of Part 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,

Robert B. Swierupski
Director

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