[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR134.22]



[Page 720-721]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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.''

    (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.



[[Page 721]]



    (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]