NY L87534 - COUNTRY OF ORIGIN MARKING OF PLASTIC VENT BUTTONS FROM MEXICO - United States International Trade Commision Rulings

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NY L87534

October 6, 2005

MAR-2 RR:NC:SP:221 L87534

CATEGORY: MARKING

Ms. Audrey Nielsen
C.H. Robinson Worldwide, Inc.
4975 LaCross Road, Suite 354
North Charleston, SC 29406-6525

RE: COUNTRY OF ORIGIN MARKING OF PLASTIC VENT BUTTONS FROM MEXICO

Dear Ms. Nielsen:

This is in response to your letter dated September 11, 2005, on behalf of Tupperware U.S. Inc., requesting a ruling on the country of origin marking requirements for an imported article, which is claimed to be a good of a NAFTA country, that is later to be further processed in the U.S. into a finished article.

The samples submitted with your request are identified as plastic vent buttons. The articles are injection molded in Mexico from plastic resin that originates in either Mexico or the United States. After importation Tupperware U.S. Inc. will incorporate the vent buttons into “Rock ‘N Serve” containers used in the home to store and serve food. When pushed in one direction the vent buttons allow air to enter through a small hole in the container. When pushed in the opposite direction the vent buttons seal the opening in the container.

The vent buttons are not individually marked with the country of origin but will be packaged in a bulk polybag that has an adhesive label printed with the words “Made in Mexico.” You ask whether marking on the bulk container is sufficient to meet the country of origin marking regulations.

As you requested the samples will be returned.

The marking statute, 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.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.45(a)(2) of the regulations provides that a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the regulations defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

Part 102 of the regulations sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. By applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that, for marking purposes, the imported vent button is a good of Mexico, a NAFTA country.

We must next determine who is the ultimate purchaser of the vent buttons. According to section 134.1(d), Customs Regulations (19 CFR 134.1(d)), the “ultimate purchaser” is generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. However, for a good of a NAFTA country, the ultimate purchaser is the last person in the U.S. who purchases the good in the form in which it was imported.

Your client, the U.S. manufacturer of the food containers, is the ultimate purchaser of the imported vent buttons. In such circumstances, the imported article is excepted from marking and only the containers which reach the ultimate purchaser are required to be marked with the country of origin. Therefore, your proposed marking on the plastic bags in which the vent buttons will be imported with the country of origin satisfies the country of origin marking requirements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).

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,

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