Country of origin marking requirements for disposable aerosolcans

HQ 732331 June 20, 1989 MAR-2-05 CO:R:C:V 732331 KG CATEGORY: Marking Mr. Frederick V. Colella 6 Lynam Court Stamford, Connecticut 06903 RE: Country of origin marking requirements for disposable aerosol cans Dear Mr. Colella: This is in response to your letter of April 5,1989, reqesting a ruling on country of origin marking requirements for nonreuseable aerosol cans imported and filled by your client in the U.S. FACTS: Your client sells a product made in the U.S. The nonreuseable aerosol cans in which the product is sold are made outside the U.S. The cans are imported empty and filled in the U.S. You informed a member of my staff that the cans are presently being imported without the legend "Made in U.S.A." since your client had a shipment of aerosol cans marked this way detained by Customs in Boston. The cans are presently being imported on pallets which have a shrink wrap for the entire pallet indicating the country of origin of the cans. ISSUE: Whether disposable aerosol cans imported empty to be filled with a U.S. product must be individually marked with the country of origin. LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.24(c), Customs Regulations (19 CFR 134.24(c)), provides that when disposable containers or holders are imported unmarked by persons or firms who fill or package them with various products which they sell, these persons or firms are the ultimate purchaser of these containers or holders and they may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)). However, the outside wrappings or packages holding the containers shall be clearly marked to indicate the country of origin. Customs held in ruling HQ 730992 (August 22, 1988), that it is acceptable to mark the country of origin on the outside wrappings or packages containing nonreuseable booster tubes imported empty to be filled with explosives in the U.S. However, some of the booster tubes were marked with the trade name "Austin", which is a city in the U.S. Those booster tubes marked with the trade name "Austin" were required by section 134.46, Customs Regulations (19 CFR 134.46), to be individually marked with the country of origin so the ultimate purchaser would not be confused about the country of origin of the boosters. As long as the empty cans are not marked with any country of origin and have no language referring to a U.S. location, the facts of this case differ from HQ 730992 and fall squarely within 19 CFR 134.24(c). The importer is importing empty nonreuseable aerosol cans into the U.S. to be filled and is marking the entire pallet with shrink wrap indicating the country of origin of the cans in accordance with 19 U.S.C. 1304 and 19 CFR 134.24(c). HOLDING: Empty nonreuseable aerosol cans are excepted from individual country of origin marking requirements pursuant to 19 CFR 134.24(c) so long as the outermost wrapping of the cans is marked with the country of origin as required by 19 U.S.C. 1304. Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch cc: District Director, Boston