The country of origin marking of firewood from Mexico

N343983 December 6, 2024 MAR-2-44:OT:RR:NC:5:130 CATEGORY: Marking Ms. Inna Perlich Essay Group, LLC. 777 Terrace Ave. Hasbrouck Heights, NJ  07626 RE:      The country of origin marking of firewood from Mexico Dear Ms. Perlich: In your letter, dated November 12, 2024, you requested a binding country of origin marking ruling.  The ruling was requested on packaged firewood.  Product information was submitted for our review.      The product to be imported is a package of firewood containing approximately a dozen pieces.  The firewood is packaged in a bag made of high density polyethylene (HDPE) coated with polypropylene.  In your request, you provide a sample country of origin marking label.  The label has two markings - “Made in USA” and “Made in Mexico” – placed side-by-side, each with a check-box.  You indicated that the appropriate box will be marked corresponding to the country of origin of the firewood contained within.  The marking will be large, spanning approximately two-thirds of the width of the package bottom.  You wish to know if this type of marking is satisfactory. Section 134.1(b) of the Customs and Border Protection Regulations (19 CFR 134.1(b)) provides that the "[c]ountry of origin" means the country of manufacture, production or growth of any article of foreign origin entering the United States. Section 134.11 (19 CFR 134.11) instructs that Unless excepted by law, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States. The location and manner of marking is addressed in 19 CFR 134.44, which states: …any method of marking at any location insuring that country of origin will conspicuously appear on the article shall be acceptable. Such marking must be legible and sufficiently permanent so that it will remain on the article (or its container when the container and not the article is required to be marked) until it reaches the ultimate purchaser unless deliberately removed. The manner of marking you have suggested is legible, conspicuous, and permanent.  Customs and Border Protection (CBP) has considered similar marking in Headquarters Ruling 734403, dated March 11, 1992.   In that ruling, CBP had no objection to a “check the box” format of marking such as yours.  Therefore, we find that the marking “____Made in USA/_____Made in Mexico” with a check mark next to the appropriate country is satisfactory. We note that, under 19 CFR 134.33, firewood is excepted from country of origin marking requirements.  The marking of the HDPE bags is required under the marking statute, which provides that the containers holding the firewood shall be marked to indicate the country of origin of their contents.  If the firewood is repacked after importation, you are subject to the certification and notice requirements of 19 CFR 134.25.  Under these procedures, the you must certify that the marking of the repacked firewood will comply with 19 CFR 134.  The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request.  This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1).  This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect.  In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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