NY D85379 - THE COUNTRY OF ORIGIN MARKING OF A "FLOUR BAG". - United States International Trade Commision Rulings

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NY D85379

December 9, 1998

MAR-2 RR:NC:TA:352 D85379

CATEGORY: MARKING

Mr. Ovais Sheikh
Orion Merchandise Corp.
P.O. Box 292
27 Charlemagne Drive
Nesconset, NY 11767

RE: THE COUNTRY OF ORIGIN MARKING OF A "FLOUR BAG".

Dear Mr. Sheikh:

This is in response to your letter dated November 20, 1998, requesting a country of origin marking ruling regarding an imported "Flour Bag" from India and/or Pakistan.

FACTS:

The sample submitted is a "Flour Bag" which will be made either of 100 percent cotton woven fabric or 55 percent cotton/45 percent polyester woven fabric. The bag features a printed design, various printed words and the printed name and address of the filler of the bag in the United States. The bag measures approximately 25 1/2" x 15". You stated that the imported bag will be bulk packed in boxes and bales, which will show the country of origin on the outside of the boxes and bales. The "Flour Bag" is sold to flour mills who will fill it with flour products for sale to various users who will discard the bag after the contents have been consumed.

ISSUE:

You wished to know are you required to mark or label each bag with the country of origin or if the marking on the outside of the boxes and bales is sufficient?

LAW AND ANALYSIS:

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 U.S. 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 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 134.24(c)(1), if it is a disposable container or holder imported to be filled 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 ("ordinarily 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. 1304(a)(3)(D). Applying 19 CFR 134.24(c), the person who fills the bags with the commodity in the U.S., is the ultimate purchaser of the bag. Further, containers may be imported preprinted with 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.

In this instance the ultimate purchaser of the bags imported to be filled in the U.S. will be the persons who will fill the bag with the U.S. commodity. You state that you intend to mark the boxes and bales 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 port director at the port of entry must be satisfied that the bags will be used only for the above-described purpose.

HOLDING:

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

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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