[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR134.24]

[Page 641-642]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 134--COUNTRY OF ORIGIN MARKING--Table of Contents
 
               Subpart C--Marking of Containers or Holders
 
Sec. 134.24  Containers or holders not designed for or capable of reuse.

    (a) Containers ordinarily discarded after use. Disposable containers 
or holders subject to the provisions of this section are the usual 
ordinary types of containers or holders, including cans, bottles, paper 
or polyethylene bags, paperboard boxes, and similar containers

[[Page 642]]

or holders which are ordinarily discarded after the contents have been 
consumed.
    (b) Imported empty. Disposable containers or holders imported 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 the containers 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.
    (c) Imported to be filled--(1) If unmarked. When disposable 
containers or holders or usual containers which are goods of a NAFTA 
country 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 or usual 
containers which are goods of a NAFTA country and they may be excepted 
from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D). The outside 
wrappings or packages containing the containers shall be clearly marked 
to indicate the country of origin.
    (2) If marked. If the disposable containers or holders or the usual 
containers which are goods of a NAFTA country are marked with the 
country of origin at the time of importation and the marking will be 
visible after they are filled, the marking shall clearly indicate that 
the container only and not the contents were made in the named country. 
For example, bottles, drums, or other containers imported empty, to be 
filled in the United States, shall be marked with such words as ``Bottle 
(or container) made in (name of country).''
    (d) Imported full--(1) When contents are excepted from marking. 
Usual disposable containers in use as such at the time of importation 
shall not be required to be marked to show the country of their own 
origin, but shall be marked to indicate the origin of their contents 
regardless of the fact that the contents are excepted from marking 
requirements; however, such marking is not required if the contents are 
excepted from marking requirements under paragraph (f), (g), or (h) of 
Sec. 134.32 or, in the case of a good of a NAFTA country, under 
paragraph (e), (f), (g), (h), (i), (p) or (q) of that section.
    (2) Sealed containers or holders. Disposable containers or holders 
of imported merchandise, which are sold without normally being opened by 
the ultimate purchaser (e.g., individually wrapped soap bars or tennis 
balls in a vacuum sealed can), shall be marked to indicate the country 
of origin of their contents.
    (3) Unsealed containers. Unsealed disposable containers of imported 
merchandise normally unopened by the ultimate purchaser, may be excepted 
from marking if the article is so marked that the country of origin is 
clearly visible without unpacking the container. However, if the 
container is normally opened by the ultimate purchaser prior to 
purchase, only the article need be marked.

[T.D. 72-262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 89-1, 53 
FR 51255, Dec. 21, 1988; T.D. 94-1, 58 FR 69471, Dec. 30, 1993]