The marking of packaging and display boxes

N308590 January 17, 2020 MAR-1-48:OT:RR:NC:1:130 CATEGORY: Marking Mr. David Quallio Wick ‘N’ Vape 390 E. Corporate Drive Meridian, ID 83642 RE: The marking of packaging and display boxes Dear Mr. Quallio: In your letter, dated December 23, 2019, you requested a binding marking ruling. The ruling was requested for plastic zipper pouches and paperboard display boxes. Photos were submitted for our reference. The four articles you identify are two boxes and two zipper pouches. The Cotton Bacon Prime display box and the Cotton Bacon V2 display box are printed paperboard display boxes. The product-filled zipper pouches are packaged in the box. Both the boxes and pouches are printed with product and brand information. The boxes are perforated and fold into a display that neatly contains the product-filled zipper pouches on a retailer’s shelf. The Cotton Bacon Prime resealable zipper pouch and the Cotton Bacon V2 resealable zipper pouch are plastic pouches that hold the Cotton Bacon products. Both the boxes and the pouches are disposed of after the product is consumed, and they are not designed for repetitive use. In your letter, you describe a scenario wherein the boxes and pouches are manufactured in China and imported into the United States. In the U.S., the pouches are filled with Cotton Bacon products, and the boxes are packed with the filled, sealed pouches. You state that the pouches and boxes are marked “Made in USA” to indicate that the Cotton Bacon products are manufactured in the U.S. You do not indicate any information regarding packaging manufacturing except to state that they are made in China. 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 boxes or plastic pouches are fully manufactured in China, they are to be marked “Made in China” or “Product of China”. 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 display boxes and plastic zipper pouches 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 paperboard display boxes or plastic resealable pouches 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 gift boxes within the meaning of 19 U.S.C.1304. Because the display boxes are flimsy, are not reused, and are discarded after the the pouches have been sold, we find that they are disposable. The zipper pouches, similarly, are discarded after the contents have been used, and are not reused. We thus find that the pouches are also disposable. The ultimate purchaser, then, is the manufacturer that fills and seals the pouches and boxes. Therefore, the outermost container in which the paperboard display boxes and plastic resealable pouches boxes reach the ultimate purchaser – the U.S. manufacturer - is required to be marked to indicate the country of origin of its contents. To repeat, only the outermost containers in which the paperboard display boxes and plastic resealable pouches are imported must be marked with the country of origin, China. In your letter, you request “that a permanent exception be allowed for our packaging to continue to be brought in without risk of being held and or denied.” Unfortunately, we cannot provide such assurances. However, this ruling sets forth that the packaging boxes and pouches need not be individually marked with China as the country of origin. Marking of the outermost containers is sufficient to convey country of origin of the packing materials. As for the marking “Made in USA”, we refer you and any interested parties to Headquarters Ruling 562109, dated February 7, 2002, which provides that disposable packaging may be imported printed with the marking “Made in USA” as long as the outermost containers are marked “Made in China”: In Headquarters Ruling Letter (HQ) 734240, dated December 24, 1991, Customs held that the phrase "Made in U.S.A." on foreign-made tubes and aerosol cans imported empty to be filled in the U.S. with U.S.-origin products would not mislead an ultimate purchaser as to the origin of the disposable container, as long as the outer container of the disposable foreign-made container was properly marked. Therefore, the disposable containers were excepted from individual marking and the phrase "Made in U.S.A." could appear on the disposable containers at the time of importation. See also HQ 734781, dated December 24, 1992; and HQ 734573, dated August 10, 1992.In this instance there is no implication that the tube is of U.S. origin; the reference plainly is to its future U.S. contents. The marking "Made in U.S.A." would not mislead an ultimate purchaser of the disposable containers, who have ample knowledge of the country of origin of the disposable tubes and know that the phrase "Made in U.S.A." is on the disposable tubes to refer to the origin of the future contents of the tubes. Provided that the outer container of the disposable tube is marked as to the origin of the disposable tubes, the country of origin marking requirements of 19 U.S.C. 1304 will be satisfied. Consistent with this ruling, we propose to modify HQ 561829. The empty, foreign–origin disposable tubes may be imported marked "Made in U.S.A.," assuming that the tubes will be filled by the ultimate purchaser of the tubes in the U.S. with U.S.-origin products and the outer container of the imported disposable tubes is marked with the country of origin of the tubes. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). We highly recommend that a copy of this 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