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NY C83095




January 7, 1998

MAR-2-48:RR:NC:2:234 C83095

CATEGORY: MARKING

Mr. Frank Prackler
Harold I. Pepper Co., Inc.
9 Murray Street
Suite 11 East
New York, N.Y. 10007

RE: The Country of Origin Marking of Empty Paperboard Staple Boxes, from China.

Dear Mr. Prackler:

This is in response to your letter dated January 3, 1998, on behalf of your client, Rosetec Ind. Inc., requesting a ruling concerning required country of origin marking for empty paperboard staple boxes, imported by your client, to be filled by him with staples which are the product of the United States.

Sample boxes were submitted. However, they do not bear the name of your client, and, further, they bear printing and handwritten changes to the printing, which are not easily reconcilable with the transaction as described in your letter. These samples will therefore not be discussed or ruled upon.

Your client will be importing empty staple boxes from China, which will be packed in bulk shipping cartons that will be marked, "EMPTY STAPLE BOXES", and "MADE IN CHINA". He will fill these boxes with metal staples produced in the U.S.A.

You ask if it is acceptable to import the empty boxes with no marking on them indicating "country of origin China".

These circumstances meet the requirements of C.R. 134.24 (b), and it will therefore be acceptable to omit any country of origin marking on the individual staple boxes.

You also ask if it will be acceptable to mark the empty staple boxes "STAPLES MADE IN U.S.A.".

While this condition is not specifically addressed in the Customs Regulations, Customs has previously ruled under like or similar circumstances that disposable containers may be imported, empty, bearing markings of "(contents) MADE IN U.S.A."

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist Carl Abramowitz, at 212-466-5733.

Sincerely,

Robert B. Swierupski
Director

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