The country of origin marking of a handbag presentation box from multiple countries

N305349 August 15, 2019 MAR-2-48:OT:RR:NC:1:130 CATEGORY: Marking Ms. Amy J. Johannesen Johannesen Associates, PC 69 Charlton Street New York, NY 10014 RE: The country of origin marking of a handbag presentation box from multiple countries Dear Ms. Johannesen: In your letter, dated July 17, 2019, you requested a country of origin marking ruling on behalf of your client, Chanel, Inc. The ruling was requested for a paperboard handbag presentation box. A sample was submitted for our review and will be retained for reference. The paperboard handbag presentation box is a rigid box measuring approximately 12” (L) x 8” (W) x 4.5” (H). It is constructed of coated, 1400g/m2 paperboard with 1200g/m2 side walls. The 1400g/m2 paperboard overlays the 1200g/m2 paperboard on the wide box sides. In the box bottom, there is an additional, reinforcing piece of paperboard weighing 900g/m2. The entire box – both interior and exterior - is covered in coated paper weighing 110g/m2. The 1400g/m2 paperboard forms a 3-sided, flip-top box lid. The paperboard overlays one wide side of the box, is hinged to form a top lid, and is hinged again to fold over the second wide box side of the box. The lid seals on this second wide side with a magnetic closure. The boxes may be shipped either filled with a handbag, or empty and expected to be filled with a handbag prior to retail sale. The handbag presentation boxes are provided to the consumer free of charge at time of retail purchase. In your letter, you request a country of origin marking ruling. You do not indicate any information regarding manufacture of the handbag presentation boxes except to state that they are made in France, Italy, or a third country, and that they may not be manufactured in the same country as the handbags. 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. Pursuant to 19 CFR Section 134.1(b), the country of origin is the country of manufacture, production or growth of any article of foreign origin entering the U.S. 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. If the paperboard handbag presentation boxes are fully manufactured in France, for example, they are to be marked “Made in France” or “Product of France”. 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 paperboard handbag presentation boxes 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 France." In order to determine whether the handbag presentation boxes are excepted from country of origin marking requirements, it is first necessary to establish whether they are disposable or reusable containers, as well as to ascertain the identity of the ultimate purchaser of the handbag boxes within the meaning of 19 U.S.C.1304. In your letter, you argue that the boxes are disposable and that they are similar to previously reviewed shoe boxes. You also cite ruling N263083 as disqualifying the magnetic closure as an indication of reusability. However, the instant box can be distinguished from those items. Customs has a well-established ruling history regarding the treatment of shoe boxes. The instant box, however, has a different use and is far more substantial. The paperboard is more than twice the weight of the shoe box, when taking the combination of the side walls and lid board into account. The handbag presentation box is lined – for presentation, as designated – while the shoe boxes are unlined. The instant box has a continuously sealing magnetic closure, where the shoe boxes do not. The item in ruling N263083 may have a magnetic closure, but it is also specifically fitted for a bottle and two glasses, which, in accordance with General Rule of Interpretation 5(a), would be classifiable with the contents except when the containers give the whole its essential character. We, therefore, find the instant boxes - which are not fitted - unique. We find that it is likely that the consumer would keep the instant box and reuse it for storage of the handbag or for containing other items. Because of the substantial construction, resealing capability, unfitted condition, and presentation design, we find that the boxes are suitable for repetitive use. This is substantiated by New York rulings N055043, N020589, N281062, F80169, and F87630. Therefore, the ultimate purchaser is the retail consumer. Each handbag presentation box must therefore be 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 Laurel Duvall at laurel.duvall@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division