MAR-2 OT:RR:NC:2:234
Ms. Elsie W. Thompson
JEM Wood Design, Inc.
615 Cami Lane
Charlottesville, VA 22902-5984
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CARDBOARD BOXES
Dear Ms. Thompson:
This is in response to your letter dated June 8, 2010, requesting a ruling on whether the proposed method of marking the container in which the cardboard boxes are imported with the country of origin in lieu of marking the article itself is an acceptable country of origin marking for the imported cardboard boxes. A marked sample container was not submitted with your letter for review.
You state in your letter that the individual disposable containers to be imported will be delivered empty to your customers who will thereafter fill them with their own products for sale. You state that your supplier imports packaging containers in multiple units, primarily cardboard boxes, to business customers that will then fill such containers with their products which are to be sold directly to consumers or to retail merchants. The cardboard boxes are disposable containers, ordinarily discarded after its contents have been consumed, as described in 19 CFR 134.24 (a). You state in your letter that the supplier will deliver empty disposable containers to purchasers within a master shipping carton which is to be clearly marked with the country of origin. The purchaser inserts a product for sale into the individual containers and then sells its packaged products either directly to customers or to retail merchants which then sells to their own retail customers.
You request a ruling that the subject cardboard boxes are exempt from individual country of origin marking, and that for all future importations of such boxes, the marking “Made in China”, or any similar phrase, not be required.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the cardboard boxes is the consumer who purchases them for packing in the U.S.
The marking requirements for disposable containers are provided for in 19 CFR 134.24, Customs Regulations (19 CFR 134.24). Disposable containers include "cans, bottles, paper or polyethylene bags, paperboard boxes, and similar containers or holders which are ordinarily discarded after the contents have been consumed." 19 CFR 134.24(a). The marking requirements for disposable containers that are imported to be filled are addressed in section 134.24(c)(1), Customs Regulations (19 CFR 134.24(c)(1)). This section provides that persons or firms who import empty disposable containers for the purpose of filling or packaging them with various products which they sell are the ultimate purchasers of these containers. Such containers may be excepted from individual marking pursuant to 19 U.S.C.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Wilson at (646) 733-3037.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division