MAR 2-05 CO:R:C:V 731698 pmh
Ms. Kim Scheffel Baker
Sinclair & Rush, Inc.
6916 South Broadway
St. Louis, MO 63111
RE: Country of origin marking requirements for imported
disposable containers
Dear Ms. Baker:
This is in response to your letter dated August 18, 1988,
requesting a ruling on country of origin marking requirements for
PVC (polyvinyl chloride) packaging bags imported in bulk from
Taiwan. These bags will constitute the packaging for U.S.-made
bicycle grips which will be sold in the U.S. You wish to know
whether the bags are required to be marked with their country of
origin. We regret the delay in responding to your inquiry.
FACTS:
You indicate that after importation each bag will be filled
with two bicycle grips which are made in the U.S. A U.S.-made
card is then stapled onto the package to close the bag. You ask
whether it is acceptable to mark the card with "Made In the
U.S.A.," in reference to the bicycle grips, with no other
indication as to where the packaging is from. You have submitted
a sample which consists of a lightweight transparent PVC bag
approximately 9 and 1/2 inches long and 5 and 1/2 inches wide.
The cardboard card used to seal the bag is approximately 3 inches
long and the width of the bag. You have indicated that the
subject packaging will be exactly the same as the sample bag
submitted. You have further indicated that at the bottom of the
label will appear the words: "Mfd. for Cycle Products Co., Made
in USA." You maintain that after purchasing, the ultimate
purchaser will keep the bicycle grips and disgard the packaging.
You ask whether the proposed marking is in compliance with
country of origin marking requirements. You also ask whether the
proposed marking would be in compliance with the marking
requirements if the cardboard card was imported rather than U.S.-
made.
ISSUE:
Whether disposable packaging material is required to be
marked with the country of origin.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), requires 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 will permit in such a manner as to indicate to an
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.
In this case, only the packaging material is imported. You
have indicated two possible scenerios. In one scenerio the PVC
bag is imported and the cardboard card is made in the U.S. In
the other scenerio the PVC bag and the cardboard card are
imported. In both scenerios the imported articles constitute the
container in which a U.S.-made article is sold.
While the purpose of the marking law and regulations is to
inform purchasers in the U.S. of the origin of imported products,
certain exceptions apply when the article imported is not the
eventual consumer product, but rather the container or holder of
such product. The marking requirements which are applicable to
containers or holders depend in part on whether the containers or
holders are reusable or whether they are disposable. Section
134.23, Customs Regulations (19 CFR 134.23), provides that usual
and ordinary reusable containers, i.e., containers or holders
designed for or capable of reuse after the contents have been
consumed, whether imported full or empty, must be individually
marked to indicate the country of their own origin. Paragraph
(b) of 19 CFR 134.23 cites several examples of reusable
containers, such as 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), defines disposable containers or
holders as the usual and ordinary types of containers or holders
such as cans, bottles, paper or polyethylene bags, paperboard
boxes and similar types of containers or holders which are
ordinarily disgarded after the contents have been consumed.
Section 134.24(c)(1) provides that when such containers are
imported empty by persons or firms who fill or package them with
various products which they sell, such persons or firms are the
"ultimate purchasers" of these disposable containers and,
pursuant to 19 U.S.C. 1304(a)(3)(D), the marking requirements
ordinarily may be met by marking the outermost package or
wrapping in which the disposable containers are imported.
After examination of the submitted sample, it is our opinion
that the subject packaging (i.e., PVC bags and/or cardboard card)
would constitute a disposable container within the meaning of 19
CFR 134.24 since they are an ordinary type of packaging which in
most cases will be disgarded after the bicycle grips have been
removed. Therefore, the individual bags and/or cardboard cards
may be excepted from individual marking. However, the outside
wrappings or packaging in which the bags are imported must be
clearly marked to indicate the country of origin.
Although the PVC bags in this case are excepted from
individual marking according to 19 CFR 134.24(c)(1), a U.S.
address appears on the cardboard card that seals the bag.
Generally, when the name of any city or locality in the U.S., or
the name of any foreign country or locality other than the
country or locality in which the article was manufactured or
produced, appear on an imported article, section 134.46, Customs
Regulations (19 CFR 134.46), requires that the name of the
country of origin preceded by "Made in," "Product of," or other
words of similar meaning shall appear, in close proximity to such
words, letters or name, and in at least a comparable size.
Addressing this apparent conflict in the regulations,
Customs has held that disposable containers imported empty to be
filled by a domestic company and not intended for reuse may be
excepted from individual marking pursuant to 19 CFR 134.24(c)(1),
provided the address that appears on the container is clearly in
reference to the contents of the container and not the container,
itself. (See HQ ruling 716243, dated June 25, 1981.)
HOLDING:
Based on the above considerations and after careful
examination of the submitted sample, it is our opinion that the
imported disposable PVC bags and/or the cardboard cards may be
excepted from individual marking pursuant to 19 CFR 134.24(c)(1)
and that marking the country of origin on the outermost wrapping
in which they are imported is acceptable. In addition, we find
that the address that appears on the cardboard card is not
misleading and that it is clear from the name of the company
(Cycle Products Co.), that it refers to the contents of the bag
and not the bag, itself.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch