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