MAR-2-05 CO:R:C:V 734573 NL
District Director
U.S. Customs Service
P.O. Box 37260
Milwaukee, WI 53237-0260
RE: Country of Origin Marking - Rolls of Packing Material; "Made
in USA" with Reference to Contents; HQ 734007, HQ 734240
followed.
Dear Sir:
This is in response to your memorandum dated March 31, 1992,
in which you request Internal Advice concerning certain packing
or wrapping material which is imported in bulk rolls.
FACTS:
The imported article consists of rolls of materials which,
after importation, will be cut to size to make wrappers for
collector trading cards. Each wrapper is cut in such a way as to
bear a pre-printed "Made in USA" marking and two U.S. addresses.
It is understood and accepted by your office that the name "USA"
and the U.S. addresses refer to the origin of the trading cards
and to their distributors. As imported the rolls, or at least
their pallets, are marked to indicate Israel as their country of
origin.
ISSUE:
Is it a requirement that the wrappers manufactured from the
rolls be marked to indicate Israel as the country in which the
material was printed or manufactured?
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 so as to indicate
its country of origin to the ultimate purchaser in the U.S.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. While the marking requirements apply presumptively
to any imported article, there are special provisions affecting
the marking of containers and packaging materials. As provided
at 19 CFR 134.24(c), when disposable containers are imported by
persons who fill them with products which they sell, such persons
are considered the ultimate purchasers of the imported
containers, which are excepted from country of origin marking.
It is required only that the wrappings or packages in which the
containers reach the ultimate purchaser be marked with their
country of origin.
In this instance it is clear that the material is of the
kind described at 19 CFR 134.24(c), and that the person using it
to package the trading cards is the ultimate purchaser.
Accordingly, marking of the rolls or pallets of the materials is
sufficient.
This marking is acceptable notwithstanding the words, "Made
in USA", and the U.S. addresses which will appear on the material
when it is cut into individual wrappings. In some cases,
pursuant to 19 CFR 134.36(b), the appearance of such words would
preclude an article's eligibility for exception from marking.
Section 134.36(b) provides that an exception from marking shall
not apply to any article or retail container bearing any words,
letters, names or symbols described in 19 CFR 134.46 and 19 CFR
134.47 which imply that an article was made or produced in a
country other than the country of origin.
Here there is no implication that the wrapper which will
hold the container is of U.S. origin; the references are plainly
to the U.S.-origin trading cards. The ultimate purchaser in the
U.S. of the wrapping material is not likely to be misled as to
its origin; he knows that it is of foreign origin, just as he
knows that the cards are of U.S. origin. See HQ 734007 (March 6,
1991)(disposable cardboard backer cards may be imported with the
marking "Made in USA" if used solely for packaging U.S. origin
napkins); HQ 734240 (December 24, 1991)(collapsible tubes and
aerosol containers excepted from marking under 19 CFR 134.24(c)
even though marked "Made in USA" when imported to be filled with
U.S. origin contents).
HOLDING:
The wrapping material may be excepted from marking pursuant
to 19 CFR 134.24(c), and the requirements of 19 CFR 134.36(b) are
not applicable. This finding will apply provided you are
satisfied that in all instances the wrapping material will be
used in the manner described above.
Sincerely,
John Durant
Director, Commercial
Rulings Division