[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR134.22]

[Page 659-660]
 
                        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. 134.22  General rules for marking of containers or holders.

    (a) Contents excepted from marking. When an article is excepted from 
the marking requirements by subpart D of this part, the outermost 
container or holder in which the article ordinarily reaches the ultimate 
purchaser shall be marked to indicate the country of origin of the 
article whether or not the article is marked to indicate its country of 
origin.
    (b) Containers or holders treated as imported articles. Containers 
or holders for imported merchandise which are subject to treatment as 
imported articles under the Harmonized Tariff Schedule of the United 
States (19 U.S.C. 1202), shall be marked to indicate clearly the country 
of their own origin in addition to any marking which may be required to 
show the country of origin of their contents; however, no marking is 
required for any good of a NAFTA country which is a usual container.
    (c) Containers or holders bearing a U.S. address. Containers or 
holders of imported merchandise bearing the name and address of an 
importer, distributor, or other person or company in the United States 
shall be marked in close proximity to the U.S. address to indicate 
clearly the country of origin of the contents with a marking such as 
``Contents made in France'' or ``Contents Product of Spain.''

[[Page 660]]

    (d) Usual containers--(1) ``Usual container'' defined. For purposes 
of this subpart, a usual container means the container in which a good 
will ordinarily reach its ultimate purchaser. Containers which are not 
included in the price of the goods with which they are sold, or which 
impart the essential character to the whole, or which have significant 
uses, or lasting value independent of the contents, will generally not 
be regarded as usual containers. However, the fact that a container is 
sturdy and capable of repeated use with its contents does not preclude 
it from being considered a usual container so long as it is the type of 
container in which its contents are ordinarily sold. A usual container 
may be any type of container, including one which is specially shaped or 
fitted to contain a specific good or set of goods such as a camera case 
or an eyeglass case, or packing, storage and transportation materials.
    (2) A good of a NAFTA country which is a usual container. A good of 
a NAFTA country which is a usual container, whether or not disposable 
and whether or not imported empty or filled, is not required to be 
marked with its own country of origin. If imported empty, the importer 
must be able to provide satisfactory evidence to Customs at the time of 
importation that it will be used only as a usual container (that it is 
to be filled with goods after importation and that such container is of 
a type in which these goods ordinarily reach the ultimate purchaser).
    (e) Exceptions. Containers or holders of imported articles are not 
required to be marked if:
    (1) Excepted articles. They are containers or holders of articles 
within the exceptions set forth in paragraph (f), (g), or (h) in 
Sec. 134.32 or they are containers of a good of a NAFTA country within 
the exceptions set forth in paragraph (e), (f), (g), (h), (i), (p) or 
(q) of Sec. 134.32.
    (2) Excepted containers or holders. The container or holder itself 
is within an exception set forth in subpart D of this part.
    (3) To be filled by the importer. The container or holder is within 
the exception set forth in Sec. 134.24(c).

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