Three tiers
On this page14
Tier one, the article
Every article of foreign origin must be marked to indicate the English name of the country of origin to an ultimate purchaser in the United States.
Which is the default
The article carries its own mark, which is how a tool, an appliance or a garment is handled.
Tier two, the container
Or its container, as provided in a further subsection. Which is the tier this group lives in.
And that subsection is not described here
What it requires of a container, and in what circumstances the container may be marked instead of the article, is outside this property.
Tier three, the exception
Clause (A) of the exceptions permits the Secretary of the Treasury to authorize the exception of any article from the requirements of marking if such article is incapable of being marked.
Which is an authorization rather than a self-assessment
The Secretary may authorize. So a packer does not simply decide an article is incapable of being marked.
And incapable is a strong word
Not impractical, not uneconomic. Incapable, which is a higher bar than the proportionality clause in tier one.
So the tiers are not interchangeable
Tier two is a route the statute offers and tier three is a route an authority grants. Those are different things.
For most of this group tier two is the answer
A resistor in a labelled jar, where the jar carries the mark the resistor cannot.
Which puts the container in the compliance path
Rather than around it. The jar is not incidental packaging if it is carrying the required mark.
And that changes how it should be chosen
A container carrying a required mark has to hold that mark legibly and permanently, which is a surface question.
Our three materials answer it differently
117 PET, 78 polypropylene and 56 glass, and each takes a mark by a different process.
Which is the containers section
And it is the one axis on this shelf that bears on the spine directly.