Supporting Law/Regulations

§ 134.13

19 CFR Ch. I (4–1–02 Edition)

§ 134.13 Imported articles repacked or
manipulated.
(a) Marking requirement. An article
within the provisions of this section
shall be marked with the name of the
country of origin at the time the article is withdrawn for consumption unless the article and its container are
exempted from marking under provisions of subpart D of this part at the
time of importation.
(b) Applicability. The provisions of
this section are applicable to the following articles:
(1) Articles repacked in a bonded
warehouse under § 19.8 of this chapter;
(2) Articles manipulated under section 562, Tariff Act of 1930, as amended
(19 U.S.C. 1562), and § 19.11 of this chapter;
(3) Articles manipulated, but not
manufactured, in a foreign-trade zone
under § 146.32 of this chapter.
§ 134.14 Articles usually combined.
(a) Articles combined before delivery to
purchaser. When an imported article is
of a kind which is usually combined
with another article after importation
but before delivery to an ultimate purchaser and the name indicating the
country of origin of the article appears
in a place on the article so that the
name will be visible after such combining, the marking shall include, in
addition to the name of the country of
origin, words or symbols which shall
clearly show that the origin indicated
is that of the imported article only and
not that of any other article with
which the imported article may be
combined after importation.
(b) Example. Labels and similar articles so marked that the name of the
country of origin of the label or article
is visible after it is affixed to another
article in this country shall be marked
with additional descriptive words such
as ‘‘Label made (or printed) in (name of
country)’’ or words of similar meaning.
See subpart C of this part for marking
of bottles, drums, or other containers.
(c) Applicability. This section shall
not apply to articles of a kind which
are ordinarily so substantially changed
in the United States that the articles
in their changed condition become
products of the United States. An article excepted from marking under sub-

part D of this part is not within the
scope of section 304(a)(2), Tariff Act of
1930, as amended (19 U.S.C. 1304(a)(2)),
and is not subject to the requirements
of this section.

Subpart C—Marking of Containers
or Holders
§ 134.21

Special marking.

This subpart includes only country of
origin marking requirements and exceptions under section 304(b), Tariff
Act of 1930, as amended (19 U.S.C.
1304(b)), for containers or holders. Special marking may be required by the
Internal Revenue Service on alcoholic
beverage bottles and other requirements may be imposed by reason of the
nature of the contents by other Government agencies.
§ 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.’’

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United States Customs Service, Treasury
(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 § 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
§ 134.32.
(2) Excepted containers or holders. The
container or holder itself is within an
exception set forth in subpart D of this
part.

§ 134.24
(3) To be filled by the importer. The
container or holder is within the exception set forth in § 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]

§ 134.23 Containers or holders
signed for or capable of reuse.

de-

(a) Usual and ordinary reusable containers or holders. Except for goods of a
NAFTA country which are usual containers, containers or holders designed
for or capable of reuse after the contents have been consumed, whether imported full or empty, must be individually marked to indicate the country
of their own origin with a marking
such as, ‘‘Container Made in (name of
country).’’ Examples of the containers
or holders contemplated are heavy
duty steel drums, tanks, and other
similar shipping, storage, transportation containers or holders capable of
reuse. These containers or holders are
subject to the treatment specified in
General Rule of Interpretation 5(b),
Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202).
(b) Other reusable containers or holders. Containers or holders which give
the whole importation its essential
character, as described in General Rule
of Interpretation 5(a) (19 U.S.C. 1202),
must be individually marked to clearly
indicate their own origin with a marking such as, ‘‘Container made in (name
of country).’’ Examples of the containers contemplated are mustard jars
reusable as beer mugs; shaving soap
containers reusable as shaving mugs;
fancy cologne bottles reusable as flower vases, and other containers which
have a lasting value or decorative use.
[T.D. 72–262, 37 FR 20318, Sept. 29, 1972, as
amended by T.D. 89–1, 53 FR 51256, Dec. 21,
1988; T.D. 94–1, 58 FR 69471, Dec. 30, 1993]

§ 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

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