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NY 809553

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May 15, 1995

MAR-2 S:N:N7:231 809553

CATEGORY: MARKING

Dr. Moiz Talei
Pharmotal
P.O. Box 251771
Los Angeles, CA 90025

RE: THE COUNTRY OF ORIGIN MARKING OF SHRIMP FROM BANGLADESH

Dear Dr. Talei:

This is in response to your letter dated, April 10, 1995, requesting a ruling on general marking information on shrimp from Bangladesh. A marked sample was not submitted with your letter for review.

In your request for a ruling, you have not provided this office with specific information as to how the shrimp will be prepared. In absence of background information on the preparation of the product, we can provide you with marking information that is of a general nature.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example,
it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Foreign natural products, such as shrimp, are on the "J- list" and are excepted from individual marking requirements pursuant to 19 USC 1304 (a)(3)(J) and 19 CFR 134.33. However, the outermost container in which the article ordinarily reaches the ultimate purchaser is required to be marked to indicate the origin of its contents. As provided in 19 CFR 134.25, if the imported J-list product will be repacked prior to sale to the ultimate purchaser, the importer must certify to Customs that he will properly mark the new package or alternatively, notify the repacker of the obligation to mark the new package. The certification procedures, which are for the purpose of ensuring that the ultimate purchaser will be advised of the country of origin, apply to imported J-list articles processed and repacked after importation unless the articles are substantially transformed prior to repacking. Absent a substantial transformation, the consumer or other recipient of the shrimp is considered the ultimate purchaser and must be advised of the country of origin of the shrimp.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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