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NY F89516




August 2, 2000

MAR-2 RR:NC:N1:113 F89516

CATEGORY: MARKING

Mr. Harold I. Loring
Grunfeld, Desiderio, Lebowitz & Silverman, LLP 245 Park Avenue, 33rd Floor
New York, NY 10167

RE: THE COUNTRY OF ORIGIN MARKING OF Pen Boxes

Dear Mr. Loring:

This is in response to your letter dated June 29, 2000, received in this office on July 12, 2000, on behalf of the A.T. Cross Company, requesting a ruling on whether the marking for imported pen boxes may receive an exception to individual country-of-origin marking if the outer shipping boxes are marked. Three samples were submitted with your letter for review.

The merchandise consists of three boxes imported as retail boxes for the sale of pens. The boxes themselves are made in China. The first box is wholly of metal, and has the words “Cross Morph” embossed on the cover. The second box is of metal, with a hinged lid. The last box is made of paperboard and has a removable lid. The last two boxes are lined in a textile material and have padding with elastic loops to hold the pens. They are imprinted with the words “Cross Since 1846.” All of the samples are labeled “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 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.

The marking requirements, which are applicable to containers, depend in part on whether the containers are reusable or whether they are disposable. Section 134.23, Customs Regulations (19 CFR 134.23), provides that reusable containers, i.e., containers or holders designed for or capable of reuse after the contents have been consumed, must be individually marked to indicate the country of their own origin, whether imported empty or full. The examples of reusable containers which are cited include mustard jars reusable as beer mugs; shaving soap containers reusable as shaving mugs; fancy cologne bottles reusable as flower vases, and other containers which have a lasting or decorative effect. Section 134.24, Customs Regulations (19 CFR 134.24), sets forth the requirements for disposable containers, i.e., the usual ordinary types of containers or holders, including cans, bottles, paper or polyethylene bags, paperboard boxes, and similar containers or holders which are ordinarily discarded after the contents have been consumed. If such containers are imported empty and are packed and sold in multiple units, 19 CFR 134.24(b) provides that the marking requirements ordinarily may be met by marking the outermost container which reaches the ultimate purchaser. In HQ 735271, metal gift boxes containing pens were treated as an ordinary type of packaging, which, in most cases, would be discarded after the pens have been removed or consumed.

Section 134.24(c)(1) of the Customs Regulations provides that when disposable containers or holders are imported by persons or firms who fill or package them with products they sell, these persons or firms are the "ultimate purchasers" of the containers or holders. In such a case, the containers may be excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) as long as the outside wrappings or packages containing the containers are marked to indicate the country of origin of the containers.

For example, in HQ 731863 of February 14, 1990, Customs altered its stance regarding the individual marking of empty cosmetic compacts, imported to be filled with US cosmetics. That ruling stated that:

Customs does not regard [the subject plastic cosmetic compact imported empty and filled in the U.S. with powdered blush made in the U.S.] as a substantial, functional article in it own right. It is not reasonable to assume that a retail purchaser would buy the finished product for the compact.

In HQ 733274 of June 19, 1990 (MAR05 CO:R:C:V 733274 NL), HQ ruled on whether wooden cigar boxes imported to be filled with cigars may be excepted from the country of origin marking requirements of 19 U.S.C. 1304. The cigars were imported from the Dominican Republic; the wooden boxes and cigar packing materials from Switzerland. The boxes were then packed with the cigars in the U.S. Although the boxes were of substantial construction, they were held to be containers ordinarily discarded after use.

In this case also, the pen boxes are clearly designed for the single purpose of containing the pens and not either for multiple uses with the same article or for uses after depletion of their contents. Other possible uses of the boxes do not relate to the purpose for which they were built and imported.

Since the importer of pen boxes who then inserts pens into them for sale is the ultimate purchaser of the boxes within the meaning of 19 CFR 134.24(1). The boxes may be excepted from country of origin marking pursuant to 19 CFR 134.32(d), provided Customs officials at the port of entry are satisfied that the boxes are used only in the manner described above and the outside wrappings or packages containing the containers are marked to indicate the country of origin of the containers..

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director,

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