CLA-2-70:RR:NC:2:226 A89242
3926.90.9890, 4911.99.8000
Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, Ohio 43221-0877
RE: The tariff classification of glass and plastic bottles, a plastic
orifice, a plastic cap, a header card and a header card blister from Hong Kong
Dear Mr. Reider:
In your letter dated October 29, 1996, you requested a tariff
classification and marking ruling regarding an empty bottle made of glass or
plastic; a plastic orifice and cap; a paper header card; and a plastic header
card blister. A representative sample of the glass bottle was submitted with
your ruling request. No samples were submitted of the plastic bottle or of the
packaging blister.
You indicated in your letter that these bottles will be used to pack your
product, stabilized chlorine dioxide, which will be sold in the United States.
You also stated that your firm manufactures the chlorine dioxide in the United
States.
The bottles will be made of glass or plastic and will have only one shape
and size (10ml). Other components that complete the bottle will also be
imported. They include a plastic orifice and cap, a header card made of
cardboard and a header card blister made of plastic. Each of these items will
be packaged separately and shipped in bulk.
The applicable subheading for the glass bottle will be 7010.94.5090,
Harmonized Tariff Schedule of the United States (HTS), which provides for
carboys, bottles, flasks, jars, pots, vials, ampoules and other containers, of
glass, of a kind used for the conveyance or packing of goods...: other
containers (with or without their closures): other: other. The rate of duty
will be free.
The applicable subheading for the plastic bottle will be 3923.30.0010, HTS,
which provides for articles for conveyance or packing of goods, of
plastics...carboys, bottles, flasks and similar articles, of a capacity not
exceeding 50 ml. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the plastic orifice will be 3926.90.9890,
HTS, which provides for other articles of plastics, other. The rate of duty
will be 5.3 percent ad valorem.
The applicable subheading for the plastic cap will be 3923.50.0000, HTS,
which provides for stoppers, lids, caps and other closures, of plastics. The
rate of duty will be 5.3 percent ad valorem.
The applicable subheading for a shaped plastic packaging blister will be
3923.90.0000, HTS, which provides for articles for the conveyance or packing of
goods, of plastics, other. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the header card will be 4911.99.8000, which
provides for: other (than certain enumerated printed mater). The rate of duty
will be 3.9 percent ad valorem.
Regarding your inquiry on country of origin marking, you indicated in your
letter that the empty bottle will solely be used as a container to hold the U.S.
made product (chlorine dioxide). You also stated that when the product is
depleted, the bottle will be discarded by the consumer.
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 C.F.R. Part 134) implements the country of
origin marking requirements and exceptions of 19 U.S.C. §1304.
An importer of an empty, disposable container will be regarded as the
ultimate purchaser when he buys the container in order to fill it with a product
which he will sell. If this is the case, U.S. Customs would not require that
the container itself be marked with the country of origin; we would only require
country of origin marking for the outermost containers and packaging in which
the disposable container is imported. However, if the container were not
disposable, we would require it to be marked with the country of origin. Even
if it were disposable, we would require country of origin marking if the
importer is not the party who will fill the container - i.e., when the importer
resells the empty container. Note CFR 134.22, 134.23, 134.24, 134.32.
When the merchandise is imported, you must provide evidence to U.S. Customs
at the port of entry which would prove that you are the ultimate purchaser of
this merchandise (i.e., that you will fill the containers with a product which
you will sell) and that the containers are disposable.
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 Jacob Bunin at 212-466-5796.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division