THE COUNTRY OF ORIGIN MARKING OF PLASTIC MERCHANDISE BAGS, SHOPPING BAGS AND BAKERY BAGS FROM GERMANY OR CHINA

N244948 August 30, 2013 MAR-2 OT:RR:NC:N4:421 CATEGORY: MARKING Mr. Steven Kleiner Mettler Packaging LLC 31 Liberty Street, Suite 210 Southington, CT 06489 RE: THE COUNTRY OF ORIGIN MARKING OF PLASTIC MERCHANDISE BAGS, SHOPPING BAGS AND BAKERY BAGS FROM GERMANY OR CHINA Dear Mr. Kleiner: This is in response to your letter dated August 6, 2013, requesting a ruling on whether marking the outer containers is an acceptable country of origin marking for imported plastic merchandise and shopping bags and plastic and plastic/paper combination bakery/deli bags. Sample bags were provided with your letter. The “Kenvelo” is a high density polyethylene (HDPE) patch handle merchandise bag which measures approximately 21 ½ inches in width by 20 inches in height. The “Express” is a low density polyethylene (LDPE) die cut handle merchandise bag which measures approximately 23 inches in width by 19 inches in height. The “Forever 21” is a LDPE soft loop handle merchandise bag which measures approximately 14 inches in width by 16 ½ inches in height. The “Price Rite” is a LDPE thick-thin handle merchandise bag which measures approximately 20 inches in width by 18 inches in height. These bags will be supplied to customers at retail stores to package and convey purchased items. These bags are not designed for long term use. The “Papier Mettler” is identified as a HDPE loop cube handle shopping bag. This bag is larger and of a sturdier construction than the merchandise bags described above. The shopping bag measures 20 inches in height by 17 ½ inches in width and, unlike the above described bags, has side and bottom gussets. The side gussets measure approximately 6 inches and the bottom gusset measures approximately 6 ½ inches. You state that the plastic merchandise bags and shopping bags can be provided to a business’s customers complimentary and/or resold to their customers to generate revenue. The Kenvelo, Express, Forever 21 and Price Rite merchandise bags described above are of a type provided to customers, without cost, to hold the purchases made at those respective retail stores. They are flimsily constructed and not designed for long term use. The Papier Mettler bag is a shopping bag of a type generally given away as a premium. If sold, it would be at a nominal cost. It is suitable for holding a number of bags filled with merchandise. Although it is capable of being reused to a very limited degree, it is not designed for prolonged use. The “Les Pains” is a LDPE bread bag which measures approximately 15 inches in length by 11 inches in width. The “Bakkerij Bart” is a bleached kraft paper bakery/deli bag which measures approximately 17 inches in length by 4 ½ inches in width. The “Mesterbagt” is a kraft paper bread/bakery bag, with either a polypropylene or polyethylene terephthalate (PET) window, which measures approximately 16 inches in length by 6 ½ inches in width. The “Unprinted Micro Perf” is a clear polypropylene bread bag which measures approximately 30 inches in length by 6 inches in width. All of the bread/bakery/deli bags will be provided to customers at a bakery or deli to package and convey the food they have purchased. These bags are flimsily constructed and are not designed for long term use. The bread/bakery/deli bags do not have handles. The marking statute, section 304 of the 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 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. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. Where the articles imported constitute containers, 19 CFR Part 134 Subpart C is applicable. The country of origin marking requirements applicable to containers imported empty depend, in part, on whether the containers are reusable or disposable in nature. Disposable containers imported by persons or firms who fill them with various products which they sell may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D). However, this exception is not applicable if the imported containers are reusable. Thus, the bags may be excepted from individual marking only if they are disposable containers, of the type ordinarily discarded after the contents have been consumed. Under 134.23, containers are considered reusable if they are either designed for or capable of reuse after the contents have been consumed, or impart the essential character to the whole importation. Such containers, whether imported full or empty, must be individually marked to indicate the country of their own origin with a marking such as, "Container Made in (name of country)." In order to determine whether the bags are excepted from country of origin marking requirements, it is first necessary to establish whether the bags are disposable or reusable containers as well as to ascertain the identity of the ultimate purchaser of the bags within the meaning of 19 U.S.C.1304. It has been the position of Customs that imported plastic shopping bags, given by retail stores to their customers with the purchase of items, are subject to the country of origin marking requirements of 19 U.S.C. 1304. The ultimate purchaser of the plastic shopping bags is not the retail store, but the customer who is the last to receive the bag in the form in which it is imported. The Papier Mettler shopping bags are of a construction that is durable and suitable for limited reuse, with a function and identity separate from their contents. Accordingly, the marking provisions of 134.23(a) are applicable and the Papier Mettler shopping bags must be individually marked with their own country of origin. The merchandise bags and bread/bakery/deli bags, in contrast to the Papier Mettler shopping bags, are more flimsily constructed and are generally disposed of after a single use. The retail establishments are considered the ultimate purchasers of these bags. The marking requirements for the merchandise bags and the bread/bakery/deli bags may be met by marking the outermost containers in which they are imported, provided that the port director at the port of entry is satisfied that the shipping containers will reach the ultimate purchaser unopened. 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 Joan Mazzola at (646) 733-3023. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division