MAR 2-05 CO:R:C:V 735240 LR
Ms. Mary Jensen
c/o Ace Bag Company
15125 Garnet Street N.W.
Ramsey, MN. 55303
RE: Country of origin marking of disposable packaging;
19 CFR 134.24
Dear Ms. Jensen:
This is in response to your letter requesting a ruling the
regarding the country of marking of certain disposable containers.
FACTS:
You wish to import packaging for handmade greeting cards.
The packaging is a clear plastic envelope. You would like to
import them in boxes or packages of 100 to a box and have the
Japanese manufacturer put the country of origin label on the box
rather than on each individual envelope. We assume that the
envelopes will be used only to package the greeting cards and that
they will not be otherwise sold. We also assume that the marked
boxes will reach the person or firm who will package the greeting
cards into the envelopes.
ISSUE:
Whether it is acceptable to mark the country of origin of the
clear plastic envelopes on the boxes in which they are imported
instead of on the envelopes themselves.
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 for which the marking of the containers will
reasonably indicate their origin are excepted from individual
marking under 19 U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d). This
exception applies only if the article in question is imported in
a properly marked container and Customs is satisfied that the
article will reach the ultimate purchaser in this original marked
unopened container.
The marking requirements for disposable containers are
provided in 19 CFR 134.24. Disposable containers include "cans,
bottles, paper or polyethylene bags, paperboard boxes, and similar
container or holders which are ordinarily discarded after the
contents have ben consumed." 19 CFR 134.24(a). The submitted
sample falls within this category of containers. With regard to
disposable containers imported to be filled, 19 CFR 134.24(c)(1)
provides that the persons or firms who package them are the
ultimate purchasers of these containers and that such containers
may be excepted from individual marking pursuant to
19 U.S.C. 1304(a)(3)(D). However, the outside wrapping or packages
containing them shall be clearly marked to indicate the country of
origin.
HOLDING:
The containers in question are excepted from individual
marking provided they are used only in the manner described above,
they are imported in a package which is marked to indicate the
country of origin and the district director at the port of entry
is satisfied that they will reach the ultimate purchaser (the
persons or firm who fills them with the greeting cards) in this
original marked unopened container.
Sincerely,
John Durant, Director