The tariff classification and country of origin marking of clamshell packaging and printed inserts from China.

N029081 June 19, 2008 CLA-2-39:OT:RR:E:NC:SP:221 CATEGORY: Classification; Marking TARIFF NO.: 3923.90.0080; 4911.91.4040 Ms. Chris Bell Soft Flex Company P.O. Box 80 Sonoma, CA 95476 RE: The tariff classification and country of origin marking of clamshell packaging and printed inserts from China. Dear Ms. Bell: In your letter dated May 21, 2007, you requested a tariff classification ruling. Pictures of clamshell packaging and printed inserts were submitted with your request. The clear plastic packaging is shaped to hold three spools of craft wire. The clamshells are imported empty. After importation, wire that is made in the United States will be packaged into the clamshell. Insert cards, which are also made in China, will be packaged in the clamshell along with the spools of wire. The cards are printed with marketing information, a description of the craft wire and the words “Made in the USA.” The applicable subheading for the clamshell packaging will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3 percent ad valorem. The applicable subheading for the printed insert cards will be 4911.91.4040, HTSUS, which provides for other (than certain enumerated) printed pictures, designs and photographs. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. You have asked about the country of origin marking requirements for the clamshell packaging. Section 304 of the Tariff Act, as amended (19 U.S.C. 1304), provides that all articles of foreign origin imported into the United States shall be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. Section 134.24(b), Customs Regulations provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser. Section 134.24(c)(1) of the Customs Regulations provides that when disposable containers or holders are imported by persons or firms who fill or package them with products they sell, these persons or firms are the ultimate purchasers of the containers or holders. In such a case, the containers may be excepted from individual marking under 19 U.S.C. 1304(a)(3)(D) as long as the outside wrappings or packages are marked to indicate the country of origin of the containers.  The clamshell packages are considered to be disposable containers. When imported empty they need not be individually marked provided the shipping containers in which they are imported are marked to indicate the country of origin and the Customs officers at the port of entry are satisfied that the marked shipping containers will reach the ultimate purchaser unopened. You asked if it is allowable to have the cards, which are made in China, printed “Made in the USA.” The cards will lose their identity as separate articles of commerce when they are packaged with the spools of wire. The words “Made in the USA” refer to the wire and not to the cards, and such printing will not be considered misleading or deceptive, provided that the Customs officers at the port of entry are satisfied that the spools of wire are made in the United States. 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 Joan Mazzola at 646-733-3023. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division