United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY F89550 - NY F89592 > NY F89590

Previous Ruling Next Ruling
NY F89590

---

August 8, 2000

MAR-2 RR:NC:SP:221 F89590

CATEGORY: MARKING

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: THE COUNTRY OF ORIGIN MARKING OF PLASTIC BAGS

Dear Mr. Ralston:

This is in response to your letter dated July 12, 2000, filed on behalf of Cantar/Polyair, requesting a ruling on the country of origin marking requirements for plastic bags. Sample bags and adhesive labels with the country of origin printed on them were submitted with your letter for review.

Mailing bags/pouches of polyethylene will be imported from Canada. The bags will be imported in boxes ranging from 25 pieces per box to 3000 pieces per box, depending on the size of the pouches. The pouches are not sold individually, but rather in cases. The pouches are used in the United States for packing raw materials for shipment. You wish to know if marking the boxes with the adhesive labels is sufficient.

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 C.F.R. §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 C.F.R. §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 packers of the raw materials into the bags are considered to be the ultimate purchasers of the bags. Therefore, 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 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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling