The country of origin marking requirements for empty glass bottles from Mexico

N302943 March 8, 2019 MAR-2 OT:RR:NC:N1:126 CATEGORY: Marking Vicente A. Pena CH Robinson International 309 NAFTA Laredo, TX 78045 RE: The country of origin marking requirements for empty glass bottles from Mexico Dear Mr. Pena: In your letter dated February 8, 2019, on behalf of your client, O-I Packaging Solutions, you requested a marking ruling regarding empty glass bottles of Mexican origin. No samples were submitted of the glass bottle. From the information and pictures you provided, the empty glass bottles will solely be used as a container to hold the U.S. made product (beer, wine, or spirits). You also stated that when the product is depleted, the bottle will be discarded by the consumer. The empty glass bottles are packed in cartons, palletized, shrink-wrapped or stretch-wrapped, and shipped to the U.S. The outer cartons may contain the names of the customers’ business and/or their U.S. address. 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. Section 134.24(c)(1) provides that when disposable containers or holders, or usual containers which are goods of a NAFTA country are imported by persons or firms who fill or package them with various products which they sell, these persons or firms are the "ultimate purchasers" of thesecontainers or holders or usual containers which are goods of a NAFTA country and they may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D). The outside wrappings or packages containing the containers shall be clearly marked to indicate the country of origin. Section134.24(a), Customs Regulations (19 CFR 134.24(a)), states that "disposable containers or holders are the usual 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." The imported product is an empty glass bottle, which is specifically listed in 19 CFR 134.24(a) as a disposable container or holder. Further, as a product of Mexico, the imported product is a good of a NAFTA country and since these usual containers are imported by food companies that fill them in the U.S. with food products, pursuant to 19 CFR 134.24(c), the food companies are the ultimate purchasers of the containers and the imported articles are excepted from being marked with their own origin. The outermost containers and shrink-wrapped or stretch-wrapped pallets in which the cartons are imported must be properly marked with the cartons' country of origin in satisfaction of the requirements of 19 CFR 134.24(c). The imported Mexican empty glass bottles are excepted from being marked with their own origin pursuant to 19 U.S.C. 1304(a)(3)(D). As required by 19 CFR 134.24(c), the outermost containers and shrink-wrapped or stretch-wrapped pallets in which the containers are imported must be properly marked with the country of origin. 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 Elena Pietron at elena.m.pietron@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division