Country of origin marking of imported dust covers forprotecting the mouthpiece component of a cartridge filterrespirator; 19 CFR 134.24(c)(1); disposable containers

HQ 734112 September 4, 1991 MAR-2-05 CO:R:C:V 734112 AT CATEGORY: Marking Louis S. Shoichet, Esq. Siegel, Mandell & Davidson One Whitehall Street New York, New York, 10004 RE: Country of origin marking of imported dust covers for protecting the mouthpiece component of a cartridge filter respirator; 19 CFR 134.24(c)(1); disposable containers Dear Mr. Shoichet: This is in reply to your letter dated March 4, 1991, requesting a binding ruling on whether an imported dust cover for protecting the mouthpiece component of a cartridge filter respirator must be marked with its country of origin. The classification issues you raised were addressed in HQ 088968. FACTS: Your client, Durafab, Inc., intends to import dust covers from Honduras and/or Mexico. After importation, the dust covers will be attached and combined by the manufacturer to the mouthpiece component of a cartridge filter respirator which is entirely manufactured in the U.S. The dust cover is constructed of 100 percent U.S. origin tyvek material which is exported in pre-cut rectangle pieces to Honduras and Mexico, where it is folded over on itself and the two sides are sewn together to form a bag. The bag is then turned so the seam is on the inside and the elastic is sewn around the opening of the bag. Samples of the dust cover and the mouthpiece component of the respirator have been submitted with your letter. The sample dust cover is approximately 2 1/2" X 2 7/8" with an elasticized top. The article is used for protecting the mouthpiece component of a cartridge filter respirator from dust, dirt, or other airborne contaminants during storage, shipment and handling. You claim that the respirator manufacturer who attaches the dust cover to the respirator is the ultimate purchaser of the dust covers. Therefore, you assert that since the outer most container in which the dust covers are imported are conspicuously marked "Assembled in Mexico", or "Assembled in Honduras" so as to indicate to the ultimate purchaser the foreign country of origin no additional marking of the dust covers is required. ISSUE: Does the imported dust cover which is attached to the mouthpiece component of a cartridge filter respirator manufactured in the U.S. have to be 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 in 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. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended 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." Part 134, Customs Regulations (19 CFR 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.24(c)(1), Customs Regulations (19 CFR 134.(c)(1)), provides that when disposable containers or holders are imported by persons or firms who will fill or package them with various products which they sell, these persons or firms are the ultimate purchasers of these containers or holders 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. In Headquarters Ruling Letter (HRL) 732575 dated July 12, 1990, Customs ruled that imported videocassette containers were disposable containers and in accordance with 19 CFR 134.24(c)(1), only the outside wrappings or packages containing the containers must be marked with the country of origin of the videocassette containers. We stated that the videocassette containers were not designed for or capable of reuse after the contents have been consumed. We also stated that the containers were used to store the product which was purchased and discarded at the end of the life of the product. Further, we noted that these containers were sold at retail with their contents and were otherwise not available on the retail market. See also HQ 731863, February 14, 1990 (cosmetic case imported to be filled is a disposable container); HQ 732986 (decorative paper bags to be filled by retailers who use them as packaging are disposable containers). This case is similar to HRL 732575. The dust cover is not designed for or capable of reuse after the contents have been consumed. Like the videocassette containers, the dust cover is only used to protect the mouthpiece component of the cartridge filter respirator from dust, dirt, or other airborne contaminants during storage, shipment and handling, and is discarded at the end of the life of the product. Further, the dust cover is only sold with the cartridge filter respirator at retail and is otherwise not available on the retail market. Therefore, the dust cover is a disposable container within the meaning of 19 CFR 134.24(c)(1) and only the outside wrapping or packaging of the container which reaches the ultimate purchaser must be marked to indicate its country of origin. HOLDING: The imported dust cover is a disposable container and in accordance with 19 CFR 134.24(c)(1), only the outside wrapping or packaging of the container which reaches the ultimate purchaser must be marked with the country of origin of the dust cover. Because HQ 088968 determined that the dust covers are eligible for a partial duty exemption under subheading 9802.00.80, HTSUSA, the country of origin is the country of assembly and the containers may be marked "Assembled in Honduras" or "Assembled in Mexico". See 19 CFR 10.22 Sincerely, John Durant, Director