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NY 844205

CLA-2-CLA-2:S:N:N1:113 844205


Mr. Lester Stiffelman
Empire Manufacturing Company
2101 Broadway
Kansas City, Missouri 64108

RE: The marking of enameled metal bucket containers for candles

Dear Mr. Stiffelman:

In your letter dated July 31, 1989 you requested a marking ruling.

The imported "Patty o Pails" are enameled metal buckets which serve as containers for candles. The enameled metal buckets will be imported from Hong Kong. Once imported into the United States, citronella liquid wax will be poured into the containers and a wick and wick holder will be added.

Your ruling request focuses on the question of product marking. The enameled metal buckets are basically containers which are components of the finished product. The Customs Regulations (134.24(c)) set forth the following guidelines with respect to marking requirements:

Containers or holders not designed for or capable of reuse: Imported to be filled - (1) If unmarked. When disposable containers or holders are imported by persons or firms who 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 these containers shall be clearly marked to indicate the country of origin.

The enameled metal buckets may be excepted from individual marking as specified above.

You further inquired as to the marking of the completed article if the value of the U.S. components exceeds the value of the buckets. If the value of the U.S. components (liquid wax, wick and wick holder and U.S. labor) exceeds the value of the enameled metal buckets then the entire finished article could be marked of U.S. origin.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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