THE COUNTRY OF ORIGIN MARKING OF EMPTY TIN CANS IMPORTED FROM CHINA TO BE FILLED WITH CAR WAX MADE IN THE USA

N099778 April 9, 2010 MAR-2 OT:RR:NC:N4:428 CATEGORY: MARKING Mr. John Lejuwaan Cogent Partners 709 Brea Canyon Road Suite 2 Walnut, CA 92881 RE: THE COUNTRY OF ORIGIN MARKING OF EMPTY TIN CANS IMPORTED FROM CHINA TO BE FILLED WITH CAR WAX MADE IN THE USA Dear Mr. Lejuwaan: This is in response to your letter dated March 31, 2010 requesting a ruling on the country of origin marking requirements for tin cans. You indicate that your company manufactures tin cans in China for the car wax industry. The tin cans range in size from 4 to 24 oz. in capacity. They will be imported into the U.S. empty, and subsequently filled by your customers with car wax that is manufactured in the U.S. You have inquired as to whether the proposed marking “Made in USA” is an acceptable country of origin marking for the imported individual empty tin cans. A marked sample was not submitted with your letter for review. Section 304 of the Tariff Act, as amended (19 U.S.C. 1304), provides that all articles of foreign origin imported into the United States shall be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. 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.” Subpart C of 19 CFR Part 134, provides for the country of origin marking of containers. Section 134.24(a), Customs Regulations (19 CFR 134.24(a)), provides that disposable containers are the usual and ordinary types of containers or holders, including cans, bottles, paper or polyethylene bags, paperboard boxes, and similar containers or holders which are ordinarily discarded after the contents have been consumed. Section 134.24(b), Customs Regulations provides that disposable containers, not designed for 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. Section 134.24(c)(1) of the Customs Regulations provides that when disposable containers or holders are imported by persons or firms who fill or package them with products they sell, these persons or firms are the “ultimate purchasers” of the containers or holders. In such a case, the containers may be excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) as long as the outside wrappings or packages containing the containers are marked to indicate the country of origin of the containers. The instant tin cans are considered to be disposable containers. The firm that packages the car wax into the tin cans is considered to be the ultimate purchaser of the tin cans. When imported empty, the tin cans need not be individually marked provided the shipping containers in which they are imported are marked to indicate the country of origin of the tin cans, and the Customs officers at the port of entry are satisfied that the marked shipping containers will reach the ultimate purchaser unopened. Regarding your proposed “Made in USA” marking of the individual cans, it is clear that such marking refers to the origin of the car wax that the tin cans are to be filled with, and not to the tin cans themselves. 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 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 Sharon Chung at (646) 733-3028. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division