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HQ 561601

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May 1, 2000
MAR-2 RR:CR:SM 561601 KSG

CATEGORY: MARKING

Mindy Garner
Archer Freight Systems, Inc.
P.O. Box 53709
Houston, Texas 77052-3709

RE: Country of origin marking of disposable cylinders containing R-22; 19 CFR 134.44; adhesive label

Dear Ms. Garner:

This is in response to your undated letter received December 28, 1999, requesting a binding ruling on behalf of Mondy Global Inc., regarding the country of origin marking of disposable cylinders containing foreign-origin chlorodifluoromethane (“R-22”).

FACTS:

Your client imports foreign-origin R-22. The disposable cylinders in which the gas is imported are made in the U.S. and shipped to various countries to be filled with R-22. When the cylinders are manufactured, the source of the R-22 is not known. You propose to mark the cylinders with the country of origin of the R-22 with adhesive labels attached to the cylinders.

ISSUE:

Whether the proposed marking of the cylinders, as described above, satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, 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 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 of 19 U.S.C. 1304.

Section 134.44(a), Customs Regulations (19 CFR 134.44(a)), states that, except for certain articles (not including the cylinders at issue here), any method of marking at any location insuring that the country of origin will conspicuously appear on the article shall be acceptable. Section 134.44(b), Customs Regulations (19 CFR 134.44(b)), provides that if paper stickers or pressure sensitive labels are used as the method of marking an article, they must be attached in a conspicuous place and so securely that, unless deliberately removed, they will remain on the articles while in storage or on display and until they reach the ultimate purchaser.

As you noted in your letter, the cylinders are not of foreign origin and therefore, they need not be marked with their own country of origin. Since the R-22 is of foreign origin, the containers must be marked to indicate the country of origin of the R-22. We find that the proposed method of marking is acceptable provided Customs at the port of entry is satisfied that the adhesive labels meet the requirements of 19 CFR 134.44(b).

HOLDING:

Marking the cylinders containing the foreign-origin R-22 by means of adhesive labels is acceptable provided Customs at the port of entry is satisfied that the requirements of 19 CFR 134.44(b) are met .

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

John Durant, Director
Commercial Rulings Division


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