[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: 19CFR134.24]



[Page 721-722]

 

                        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.  134.24  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 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



[[Page 722]]



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]