MAR-2-05 CO:R:C:V 734932 KR
Mr. Mike Zook
Fulton Denver Company
3500 Wynkoop Street
Denver, CO 80216
RE: Country of origin marking of imported mesh polypropylene and woven
polypropylene bags; 19 CFR 134.24(c).
Dear Mr. Zook:
This is in response to your letter to the New York Area Director of
Customs dated November 10, 1992, and subsequently forwarded to this office.
We regret the delay in responding. You requested a country of origin marking
ruling regarding imported mesh polypropylene and woven polypropylene bags.
You submitted a sample bag for our consideration.
FACTS:
You state that the polypropylene bags are imported and sold only in full
bale quantities. After importation the bags are to be filled with commodities
such as onions, beans and flour of U.S. origin. You do not wish to mark the
individual bags with the bag's country of origin. You wish to place the
country of origin marking on the bag's full bale cover. The sample bag is
marked with the U.S. address of the filler, as well as stating that the
product was "IDAHO-OREGON U.S. NO.1".
ISSUE:
Is the person who fills the bag with the commodity the ultimate
purchaser of a disposable container which is imported to be filled within the
meaning of 19 CFR 134.24(c), such that the container may be excepted from
individual marking?
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. Subpart C
of Part 134 (19 CFR 134.21 et seq.), sets forth the rules for the marking of
containers and holders. An article is excepted from marking under 19 CFR
134.24(c)(1), if it is a disposable container or holder imported to be filled
or packaged with various products which are then sold. The person who fills
the container is considered the ultimate purchaser of the container. The
outside wrappings or packages containing the imported containers must be
clearly marked to indicate the country of origin of the containers.
We are satisfied that the imported bags are of the type defined as
disposable containers ("[o]rdinarily discarded after the contents have been
consumed") in section 134.24(a) of Subpart C, Part 134 which, when imported to
be filled, may be excepted from individual marking pursuant to 19 U.S.C.
1304(a)(3)(D). Applying 19 CFR 134.24(c), the person who fills the bags
with the commodity in the U.S., is the ultimate purchaser of the polypropylene
bag. Further, containers may be imported pre-printed with the country of
origin of the product intended to fill the container so long as it is clear
that the pre-printed marking refers to the contents and not to the container.
HQ 733274 (June 19, 1990); HQ 734240 (December 24, 1991).
In this instance the ultimate purchaser of the bags imported to be
filled in the U.S. will be the person who will fill the bag with the U.S.
commodity. You state that you intend to mark the full bale cover containing
the bags with the country of origin of the bags. If this is the case,
pursuant to 19 CFR 134.24(c)(1), the individual bags are excepted from country
of origin marking. The bags may be pre-printed with the country of origin of
the bag's prospective contents so long as the marking clearly refers to the
product filling the bag and not the bag itself. The district director at the
port of entry must be satisfied that the bags will be used only for the above-described purpose.
HOLDING:
The imported polypropylene bags are disposable containers within the
meaning of Subpart C, Part 134, Customs Regulations. As such, the ultimate
purchaser is the person who fills them, and the bags may be excepted from
individual country of origin marking pursuant to 19 CFR 134.24(c)(1). The
presence of U.S. addresses on the bags are not improper indications of the
contents which will fill the bags.
Sincerely,
John Durant, Director
Commercial Rulings Division