MAR-2-05 CO:R:C:V 734403 NL

Mr. David J. Brundage
Design Lab Manager
Stone Container Corporation
1078 Merrill Street
Salinas, CA 93912-1211

RE: Country of Origin Marking - Containers for Fresh Produce; Box Check-Off for Country Marking; Multiple Countries; Reasonably Indicate.

Dear Mr. Brundage:

This is in response to your letter dated October 25, 1991, in which you inquire about acceptable methods for marking country of origin on produce containers.

FACTS:

Stone Container makes corrugated waxed containers for the fresh produce market. Its customers use these boxes to package produce from both Mexico and the U.S., depending upon the season of the year. For this reason, Stone Container seeks approval for a printed grid or matrix on the container which would permit a box to be checked off depending upon the country of origin of the produce. The boxes would read, "Produce of Mexico" and "Produce of U.S.A.", respectively.

ISSUE:

Does this method of marking satisfy the requirements of 19 U.S.C. 1304 and Part 134, Customs Regulations?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides 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 (or 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. As provided at 19 CFR 134.41(b), the manner of the marking must be such that the ultimate purchaser can find the marking easily and read it without strain. As to location and methods, 19 CFR 134.44 provides that any method of marking at any location insuring that marking will conspicuously appear is acceptable. The marking must be legible and sufficiently permanent that it will remain on the article (or its container) until it reaches the ultimate purchaser unless deliberately removed.

A review of previous rulings indicates that Customs has not addressed the acceptablility of marking by means of squares on containers which would be checked off when the country of origin of the contents is determined. However, provided the other requirements of permanence, legibility, and conspicuousness are satisfied, we have no objection to the practice. In this instance the proposed marking appears to satisfy these requirements.

We note that fresh produce is excepted from marking pursuant to 19 U.S.C. 1304(a)(3)(J) and 19 CFR 134.33. Inasmuch as the waxed corrugated containers are to be used for fresh produce, the marking of the boxes would be as required under 19 U.S.C. 1304(b) and 19 CFR 134.33, which provide that the containers of articles excepted from marking shall be marked to indicate the country of origin of their contents. Moreover, if fresh produce is repacked after importation, the importer is subject to the certification and notice requirements of 19 CFR 134.25. Under these procedures the importer must certify that the marking of the repacked articles will comply with 19 U.S.C. 1304 and Part 134, Customs Regulations.

HOLDING:

Provided the other requirements of permanence, legibility, and conspicuousness are satisfied, indicating the country of origin of fresh produce by means of a square to be filled in by hand next to the name of the country of origin is acceptable for purposes of 19 U.S.C. 1304 and 19 CFR Part 134. Thus, an importer may utilize a container marked " ______ Produce of Mexico/ ______Produce of U.S.A." and check off the appropriate country when the country of origin of the produce is determined.

Sincerely,

John Durant, Director
Commercial Rulings Division