CLA-2-76:OT:RR:E:NC:N4:428
Mr. Clifford Davis
Quality Resourcing Services, LLC
31 Grey Fox Landing
Woodstock, CT 06281
RE: The tariff classification and country of origin marking of empty aerosol cans from China.
Dear Mr. Davis:
In your letter dated May 19, 2009, you requested a tariff classification ruling.
The merchandise under consideration consists of empty tinplate aerosol cans which are to be filled in the U.S. with a hairspray product made in the U.S. The stated net weight on the can artwork is 7.5 oz. (200g). The cans are printed in China with the product information, ingredients and the distribution information. Since the product is actually made and filled in the United States, it indicates “Made in USA” on the can artwork. You indicate that all shipping cartons and paperwork for the empty cans will be marked “Made in China”, which will be clear to the filling company receiving the cans after arrival in the U.S. A copy of the artwork to be used on the can, as well as a photo of the can, were submitted with your request.
The applicable subheading for the empty tinplate aerosol cans will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters… Of a capacity of less than 50 liters: Other, Other.” The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
You have inquired as to whether the whether the proposed marking “Made in USA” is an acceptable country of origin marking for the imported individual empty aerosol cans.
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 United States 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 United States the English name of the country of origin of the article. Section 134.1(d), Customs Regulations [19 C.F.R. §134.1(d)], defines “ultimate purchaser” as “generally the last person in the United States who will receive the article in the form in which it was imported.” Section 134.24(b), Customs Regulations [19 C.F.R. §134.24(b)], provides that disposable containers, not designed or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser. The company who fills the hairspray product into the cans is considered to be the ultimate purchaser of the cans. Therefore, the cans may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the cans, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened. Regarding your proposed “Made in USA” marking of the individual cans, such marking relates to the origin of the hairspray product that is to be filled in the cans, and not to the cans themselves, since the cans will lose their identity as separate articles of commerce after they are filled. The marking will not be considered misleading or deceptive. However, the issue of whether an article may be marked with the phrase “Made in the USA” or similar words denoting U.S. origin is under the authority of the Federal Trade Commission (FTC). We therefore suggest that you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for further advice on the propriety of your proposed marking.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Sharon Chung at (646) 733-3028.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division