THE COUNTRY OF ORIGIN MARKING OF PLASTIC STORAGE BAGS; ARTICLE 509

NY G86772 March 20, 2001 MAR-2 RR:NC:SP:222:G86772 CATEGORY: MARKING Mr. Alberto Mayer Mayer Customhouse Brokerage, Inc. 9651 Airway Rd. Ste. A& B San Diego, CA 92154 RE: THE COUNTRY OF ORIGIN MARKING OF PLASTIC STORAGE BAGS; ARTICLE 509 Dear Mr. Mayer: This is in response to your undated letter on behalf of your client, New West Products, Inc., received in this office on January 31, 2001. It requested a ruling on whether the proposed marking of space bags is an acceptable country of origin marking for imported plastic storage bags. A marked sample was submitted with your letter for review. New West intends to export zippered, plastic storage bags to Mexico where they are fitted with a plastic valve. The bags then become space bags which are bags from which air can be removed for more compact storage. You have stated that the plastic storage bag is manufactured in the United States. The plastic valve is manufactured in Mexico. We presume that the resins used to make the plastic in these items originated in a NAFTA country and that the space bag and valve are made of wholly originating material. In addition to inserting the valve into the space bag in Mexico, you state that the bags are folded, labeled and packaged in a box with instructions for the ultimate consumer. You request permission to print on your boxes which will reach the ultimate consumer the following marking: Made in the USA and assembled in Mexico Product of the USA and assembled in Mexico. 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 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations. Section 134.45(a)(2) of the regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The proposed marking of imported space bags, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported space bags. The North American Free trade Act § 102.19 (NAFTA preference override) states … (b) If, under any other provision of this part, the country of origin of a good which is originating within the meaning of § 181.1(q) of this chapter is determined to be the United States and that good has been exported from, and returned to, the United States after having been advanced in value or improved in condition in another NAFTA country, the country of origin of such good for Customs duty purposes is the last NAFTA country in which that good was advanced in value or improved in condition before its return to the United States. [T.D. 96–48, 61 FR 28957, June 6, 1996] Accordingly the country of origin for these space bags is Mexico. They should be marked “Made in Mexico;” or “Assembled in Mexico of U.S. and Mexican Components.” Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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 Alice R. Masterson at 212-637-7090. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division