THE COUNTRY OF ORIGIN MARKING OF PILL CASES

N091695 February 17, 2010 MAR-2 OT:RR:NC:N4:441 CATEGORY: MARKING Charles Spoto Alba Wheels Up International, Inc. 150-30 132nd Avenue, Suite 208 Jamaica, NY 11434 RE: THE COUNTRY OF ORIGIN MARKING OF PILL CASES Dear Mr. Spoto: This is in response to your letter dated December 24, 2009, which was received in our office on January 21, 2010, requesting a ruling on whether your proposed marking is an acceptable country of origin marking for imported pill cases. An unmarked sample was submitted with your letter for review. Your submitted sample is pill case, similar in design to a business card case, constructed of vinyl plastic sheeting material that is 22 mils in thickness. The case is of a durable construction and suitable for repetitive reuse. It features one interior storage compartment which is covered with a flap in the closed position. It measures approximately 3.75 inches wide and 2.25 inches high in the closed position. You state in your letter that the cases will be imported in bulk in bags packed in cartons. At the time of importation the bags and cartons will be marked “Made in China.” The individual cases will not be marked. The cases are packed approximately 150 per bag. At importation, they will be sold and repacked into boxes marked “Made in China.” The cases are then shipped to the end user where a packet of pills will be inserted into each case and then distributed to 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. 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. You have indicated that the cases are not individually marked with the country of origin. Containers that are designed for or capable of reuse after the contents have been consumed must be individually marked to indicate the country of their own origin. See Section 134.23, Customs Regulations (19 CFR 134.23). In determining whether particular containers are reusable or disposable, Customs has considered both the construction of the container and its function. The vinyl cases are of durable construction and suitable for repetitive use after the pills have been consumed. Accordingly, the ultimate purchaser of the case is the consumer who receives the case with the pills. The case must be marked conspicuously, legibly and permanently to indicate its own country of origin. The unmarked case does not satisfy the requirements of 19 U.S.C. 1304 and 19 CFR 134. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division