THE COUNTRY OF ORIGIN MARKING OF FINE MIST SPRAYER PUMPS

N323314 January 5, 2022 MAR-2 OT:RR:NC:N1:105 CATEGORY: MARKING Mark D. Grodsky President Hobe Labs 6479 S. Ash Avenue Tempe, Arizona 85283 RE: THE COUNTRY OF ORIGIN MARKING OF FINE MIST SPRAYER PUMPS Dear Mr. Grodsky: In your letter dated December 20, 2021, you requested a country of origin marking ruling for fine mist sprayer pumps. Product photos were submitted for our review. The product being imported is described as a fine mist spray pump imported for use with a U.S. origin 8 oz plastic bottle. The bottle will be filled with U.S. origin hair and scalp solution, for treatment of Hair Follicle Stimulation, in the United States. The fine mist spray pump dispenses liquids and serves as the closure for the bottle with which it is used. The product is a simple piston-pump spraying appliance that operates through the repeated pumping action of the operator’s finger. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Pursuant to 19 CFR Section 134.1(b), the country of origin is the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If the fine mist sprayer pumps are fully manufactured in China, for example, they are to be marked “Made in China” or “Product of China”. Where the articles imported constitute containers, 19 CFR Part 134 Subpart C is applicable. The country of origin marking requirements applicable to containers imported empty depend, in part, on whether the containers are reusable or disposable in nature. Disposable containers imported by persons or firms who fill them with various products which they sell may be excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D). However, this exception is not applicable if the imported containers are reusable. Thus, the fine mist sprayer pumps may be excepted from individual marking only if they are disposable containers, of the type ordinarily discarded after the contents have been consumed. Under 134.23, containers are considered reusable if they are either designed for or capable of reuse after the contents have been consumed or impart the essential character to the whole importation. Such containers, whether imported full or empty, must be individually marked to indicate the country of their own origin with a marking such as, "Container Made in China." In order to determine whether the fine mist sprayer pumps are excepted from country of origin marking requirements, it is first necessary to establish whether they are disposable or reusable containers, as well as to ascertain the identity of the ultimate purchaser of the fine mist sprayer pumps within the meaning of 19 U.S.C.1304. Because the fine mist sprayer pumps are not durable and have no primary use other than to hold and spray the hair and scalp solution, once simply assembled with the plastic bottle, we find that they are disposable. The ultimate purchaser is the manufacturer of the hair and scalp solution who will use the fine mist sprayer pump and plastic bottle to complete the product intended for retail sale. Therefore, if the fine mist sprayer pumps are imported separately, the outermost container in which the sprayer pumps reach the ultimate purchaser is required to be marked to indicate the origin of its contents. Each fine mist spray pump is not required to be individually marked. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Jason Christie at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division