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NY R01535




March 8, 2005

MAR-2 RR:NC:SP:221 R01535

CATEGORY: MARKING

Mr. Todd D. Bulmash
Paris Presents Incorporated
388 Swanson Court
Gurnee, IL 60031

RE: THE COUNTRY OF ORIGIN MARKING OF PACKAGING BOTTLES FROM CANADA FILLED IN CHINA.

Dear Mr. Bulmash:

This is in response to your letter dated February 22, 2005, requesting a ruling on country of origin marking of lotion bottles. A marked sample was not submitted with your letter for review.

The bottles will be used to package bath and beauty liquids such as shower gels and body lotion. The bottles are manufactured in Canada. The empty unprinted bottles are imported into the United States where they are screen printed. The printed bottles are shipped to the Chinese producers of the bath and beauty products. The bath and beauty products are then imported into the United States to be sold on their own or to be incorporated into gift sets. You suggest marking the bottles “Made in China.”

The applicable subheading for the empty plastic packaging bottles when the capacity does not exceed 50 ml will be 3923.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: carboys, bottles, flasks and similar articles, of a capacity not exceeding 50 ml. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the empty plastic packaging bottles when the capacity exceeds 50 ml will be 3923.30.0090, HTS, which provides for articles for the conveyance or packing of goods, of plastics: carboys, bottles, flasks and similar articles, other. The rate of duty will be 3 percent ad valorem.

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. Section 134.1(d), Customs Regulations [19 CFR 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 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. Therefore, the bottles 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 bottles, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

You suggest marking the bottles at some point with the words “Made in China.” That marking is acceptable as long as the contents with which the containers will be packaged are of Chinese origin. If you wish to import the empty bottles marked with “Made in China,” that marking will be acceptable as long as it is clear that the country of origin marking applies to the contents rather than to the container, and as long as the Customs officers at the port of entry are satisfied that the containers will be packaged with products of Chinese origin.

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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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