MAR 2-05 CO:R:C:V 735224 LR
Christian Torske
Executive Vice President
Helm New York Chemical Corporation
1110 Centennial Avenue
Piscataway, N.J. 09955-1333
Dear Mr. Torske:
RE: Country of origin marking; liquid chemical; feed
supplement; pharmaceutical; imported in bulk; tanks;
hopper cars; instruments of international traffic;
19 CFR 134.22(a); 19 CFR 134.25; incapable of being marked
Dear Mr. Torske:
This is in response to your letter dated June 15, 1993,
requesting a ruling regarding the country of marking of imported
feed supplements imported in bulk in liquid or dry powder form.
FACTS:
You are contemplating two import transactions. In the first,
you would import a liquid chemical in a ship's tank and then pump
it into a land tank upon arrival of the vessel. You would then
distribute the product in road tank cars to your various customers,
who would use this liquid product as a supplement for their poultry
feed formulations. In the second, you would import a feed
supplement in a dry powder form which would cross the ocean in big
bags which could be marked with the country of origin. Since many
of your customers prefer to receive the product in bulk, you are
planning to unpack the product and put it in a hopper car for
delivery to your customers.
ISSUE:
What are the country of origin marking requirements applicable
to the above transactions?
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.
Articles that are incapable of being marked are excepted from
marking pursuant to 19 U.S.C. 1304(a)(3)(A) and 19 CFR 134.32(a).
The outermost containers or holders in which such articles
ordinarily reach the ultimate purchaser shall be marked to indicate
the country of origin of their contents. See 19 U.S.C. 1304(b) and
19 CFR 134.22(a). As provided in 19 CFR 134.25, if an imported
article which is incapable of being marked is intended to be
repacked in a new container for sale to an ultimate purchaser after
its release from Customs custody, or if the district director
having custody of the article, has reason to believe such article
will be repacked after its release, the importer shall certify to
the district director that the new container will be marked to
indicate the country of origin of the article.
In this case, the imported feed supplements, whether in dry
powder or liquid form, are incapable of being marked and are
excepted from marking under 19 U.S.C. 1304(a)(3)(A) and 19 CFR
134.32(a). The issue that must be addressed is whether the tanks
and tank cars in which the liquid product is to be transported, or
the hopper cars in which dry powder product is to be transported,
must be marked to indicate the country of origin of the feed
supplements.
We consider containers such as cartons, bags, crates, etc.,
which remain with the imported product, the type of containers
which are subject to the requirements of 19 CFR 134.22(a) and 19
CFR 134.25. We do not consider tanks, tank cars, hopper cars and
the like, which are essentially used as vehicles only to transport
the product and which do not remain with such product, to be
containers within the meaning of these provisions. Accordingly,
we find that tanks, tank cars and hopper cars which transport the
dry or liquid feed supplements to the importer or to the importer's
customers do not have to be marked to indicate the country of
origin of their contents. See also Headquarters Ruling Letter
(HRL) 732621, February 5, 1990 (tank trucks are instruments of
international traffic and are not containers within the context of
19 CFR Part 134; they are not required to be marked with the
country of origin of their contents). We also find that the
certification requirements of 19 CFR 134.25 do not apply if the
imported products are to be "repacked" only into tanks, tank cars
or hopper cars.
However, if the feed supplements are imported in bags, the
bags must be marked with the country of origin of their contents.
Moreover, if the feed supplements are to be repacked into new bags
or other containers, then the certification requirements of 19 CFR
134.25 would apply.
HOLDING:
The imported liquid and dry feed supplements described above
are excepted from country of origin marking under 19 U.S.C.
1304(a)(3)(A) and 19 CFR 134.32(a). The bags in which the dry
product are imported must be marked to indicate the origin of their
contents as provided in 19 U.S.C. 1304(b) and 19 CFR 134.22(a).
Neither the tanks nor the hopper or tank cars in which the products
are transported constitute containers under 19 CFR 134.22(a) and
19 CFR 134.25. As such, they do not have to be marked with the
country of origin of the feed supplements and the certification
requirements of 19 CFR 134.25 do not apply.
Sincerely,
John Durant, Director
Commercial Rulings Division