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NY N005386

January 31, 2007

MAR-2 RR:E:NC:N1:113


Mr. Joseph Michael Factor
Purchasing Manager
Global Pak, Inc.
1387 County Road 440
Columbiana, OH 44408


Dear Mr. Factor:

This is in response to your letter dated January 10, 2007, requesting a ruling on the country of origin marking requirements for imported pails and lids. A marked sample was not submitted with your letter for review.

The merchandise is 2 gallon and 3.5 gallon steel pails and lids that are imported empty. The pails and lids are imported together in equal quantities and will be sold to your customers. Your customers will fill the pails with aggregate (alloy) materials and seal the pails shut using the supplied crimped style lids. You indicate that you usually sell the pails on pallets of 250 pails and lids. You usually do not break down a skid for your customers. Your customers will resell the filled pails to end-users. The typical end-users of the pails and lids are in the steel making industry. You state that over 80 percent of the pails and lids that you sell will end up being melted down in a blast furnace.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Subpart C of 19 CFR Part 134, provides for the country of origin marking of containers. Section 134.24(a), Customs Regulations (19 CFR 134.24(a)), provides that disposable containers are the usual and ordinary types of containers or holders, including cans, bottles, paper or polyethylene bags, paperboard boxes, and similar containers or holders which are ordinarily discarded after the contents have been consumed. The person or firm who fills such containers is considered to be the ultimate purchaser. Section 134.24(b), Customs Regulations (19 CFR 134.24(b)), provides that disposable containers imported empty for distribution or sale are subject to treatment as imported articles in accordance with the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), and shall be marked to indicate clearly the country of their own origin. However, when disposable containers imported empty are packed and sold in multiple units (dozens, gross, etc.), this requirement ordinarily may be met by marking the outermost container which reaches the ultimate purchaser.

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 Ann Taub at 646-733-3018.


Robert B. Swierupski

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