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NY M80088




February 3, 2006

CLA-2-48:RR:NC:SP:234 M80088

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.50.3000

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
8855 Columbine Road, Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification and country of origin marking of a paperboard DVD sleeve from China.

Dear Mr. Anderson:

In your letter dated January 19, 2006, you requested a tariff classification ruling on behalf of Americhip Inc.

A sample was submitted for our examination. It is an empty 5-3/8” x 7-1/2” x 9/16” printed paperboard sleeve, open at the top and bottom ends, meant to serve as exterior retail packaging for a single digital video disc (DVD) recorded with a particular motion picture. The paperboard comprising the sleeve has a thickness of approximately 0.46 mm. The sleeve incorporates a small, concealed electronic module that, when activated by pressure on a designated spot on the sleeve’s exterior, flashes a few tiny lights and plays a brief musical excerpt from the movie.

The applicable subheading for the above-described item will be 4819.50.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for record sleeves of paper or paperboard. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

You also proposed a scenario in which the outermost shipping containers (i.e., imported “master cartons” containing numerous paperboard DVD sleeves) will be marked with the country of origin (i.e., “Made in China”), while the individual DVD sleeves will not bear such marking. You state that the imported, marked master cartons will be shipped directly to a DVD duplicator in the United States, who will “insert their plastic DVD jewel case with DVD movie into these sleeves.”

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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

Despite their novelty feature, the subject paperboard sleeves are in the nature of disposable packing containers that are not sold individually. Customs has previously held that when empty, disposable containers are imported into the U.S. to be filled with merchandise, the person or firm that fills them is considered to be the ultimate purchaser, and the containers are excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D), meaning that only the outside wrappings or outer cartons need be marked to indicate the country of origin.

In light of the above, the subject paperboard DVD sleeves are excepted from individual marking and only the outermost shipping containers should be marked with the country of origin, provided the appropriate Port Director is satisfied that the marked containers will reach the ultimate purchaser.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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