THE COUNTRY OF ORIGIN MARKING OF PLASTIC HANGERS FROM CHINA

N234994 December 5, 2012 MAR-2 OT:RR:NC:N4:421 CATEGORY: Marking Mr. Timothy Wallace Sourcing Solutions International, Ltd. 31 Meadow Brook Drive Fletcher, NC 28732-9101 RE: THE COUNTRY OF ORIGIN MARKING OF PLASTIC HANGERS FROM CHINA Dear Mr. Wallace: In your letter dated November 2, 2012, you ask whether plastic hangers that you manufacture in China must be marked with the country of origin. No samples were provided with your request, though the hangers are described as for use in the transport and sale of garments. 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. 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(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. Disposable containers are defined as the usual ordinary type of containers or holders which are ordinarily discarded after the contents have been consumed. The marking requirements for disposable containers 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. Plastic hangers that are not capable of reuse are considered to be disposable containers. When imported without the garments 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. Plastic hangers that are not capable of reuse and that imported with the garments need not be marked with their own country of origin. You have indicated that many of these hangers are capable of reuse. Except for goods of a NAFTA country which are usual containers, containers which are designed for or capable of reuse must be individually marked to indicate the country of their own origin. See section 134.23, Customs Regulations (19 CFR 134.23). You state that some of these hangers may qualify as instruments of international traffic. Note that items designated as instruments of international traffic are not considered to be imported into the United States, and are therefore not subject to the country of origin marking requirements of 19 U.S.C. 1304. It should be noted, however, that if any of the plastic garment hangers are diverted from international traffic and are used domestically, they will cease to be considered instruments of international traffic. You have mentioned a number of possible scenarios for the hangers, whether imported with or without garments. Some will be imported by an apparel brand or manufacturer for subsequent resale to a retailer. Some will be resold to other third parties. Some will be diverted to domestic use. Some will be exported overseas. Some will be scrapped and recycled. Some will be reused internally in the store. You have stated that for hangers that are not scrapped or given to the customer at the point of sale, in most cases the actual ownership of the hanger will change at least four times. The necessity for marking will vary depending on the particular scenario for each individual shipment. Note that marking each hanger with its country of origin would insure that the marking requirements would be met in all of the possible scenarios in which the hangers may be involved. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at (646) 733-3023. Sincerely, Thomas J. Russo Director National Commodity Specialist Division