MAR 2-05 CO:R:C:V 731318 LR
Howard Bieber
NSC Corporation
4300 W. Lake Street
Chicago, Illinois 60624
RE: Country of origin marking requirements for vinyl cases
to be filled in the U.S. with packets of pills
Dear Mr. Bieber:
This is in response to your letter dated March 7, 1988,
requesting a ruling concerning the country of origin marking
requirements of vinyl cases which will be filled in the U.S.
after importation with packets of birth control pills.
FACTS:
Heatsealed vinyl cases are imported in bulk (approximately
100 pieces in a polybag) and are sold to a pharmaceutical
company. The cases are quite thin and flimsy in nature and
measure approximately 4 1/2 inches x 3 3/4 inches. There is a
perforation in the middle of each case to permit it to be folded
in half with a pocket on one side. The pharmaceutical company
will insert a packet of birth control pills into the pocket of
each vinyl case. The cases containing the birth control packets
will then be distributed to the consumer by resale channels and
free distribution.
ISSUE:
Whether it is acceptable to mark the country of origin on
the polybag in which the vinyl cases are imported instead of the
individual cases.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), requires 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 container) will
permit in such manner as to indicate to an ultimate purchaser in
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the U.S. the English name of the country of origin of the
article. Section 134.1(d), Customs Regulations (19 CFR
134.1(d)), defines "ultimate purchaser" as "generally the last
person in the U.S. who will receive the article in the form in
which it was imported."
The marking requirements which are applicable to containers
depend in part on whether the containers are reusable or whether
they are disposable. Section 134.23, Customs Regulations (19 CFR
134.23), provides that reusable containers, i.e., containers or
holders designed for or capable of reuse after the contents have
been consumed, must be individually marked to indicate the
country of their own origin, whether imported empty or full. The
examples of reusable containers which are cited include mustard
jars reusable as beer mugs; shaving soap containers reusable as
shaving mugs; fancy cologne bottles reusable as flower vases, and
other containers which have a lasting or decorative effect.
Section 134.24, Customs Regulations (19 CFR 134.24), sets forth
the requirements for disposable containers, i.e., the usual
ordinary types of containers or holders, including cans, bottles,
paper or polyethelyne bags, paperboard boxes, and similar
containers or holders which are ordinarily discarded after the
contents have been consumed. If such containers are imported
empty and are packed and sold in multiple units, 19 CFR 134.24(b)
provides that the marking requirements ordinarily may be met by
marking the outermost container which reaches the ultimate
purchaser.
We consider the vinyl cases to be disposable containers
within the meaning of 19 CFR 134.24 since they are an ordinary
type of packaging which in most cases would be discarded after
the pills have been consumed. Unlike the reusable containers
mentioned in 19 CFR 134.23, the vinyl containers are flimsy and
have no lasting value or decorative use. As such, it is
acceptable to mark the outermost package which reaches the
ultimate purchaser. Based on the facts presented, we believe
that the ultimate purchaser of the vinyl case is the
pharmaceutical company that places the packet of birth control
pills within the case.
HOLDING:
The marking of the country of origin on the polybag in
which the vinyl cases are imported, in lieu of marking the vinyl
case itself, is acceptable provided the district director is
satisfied that: 1) the cases are packed and sold in multiple
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units; 2) the cases will be used only in the manner described
above and will not be otherwise sold; and 3) the importer will
sell or otherwise supply the cases directly to the pharmaceutical
company in their original unopened marked polybags. A statement
to this effect should be submitted with each entry.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
1cc: CO:R:C:V:LRODBART:LDC:8/10/88
Mr. Howard Bieber
Vice President
NSC Corporation
4300 W. Lake Street
Chicago, IL 60624