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NY 814592

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September 25, 1995

MAR-2 R:N2:228 814592

CATEGORY: MARKING

Mr. Glenn M. Rogers
Honey Bear Canning
P.O. Box G
Lawton, MI 49065

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED CANNED FOOD PRODUCTS

Dear Mr. Rogers:

This is in response to your letter dated September 5, 1995, requesting a ruling on whether marking canned foods by printing the country of origin on the top of the can is acceptable if another marking appears on the product label, which is a country or locality other than the actual country of origin of the article. A marked sample of canned asparagus was submitted with your letter for review.

The sample is a metal can, approximately 5-1/2 inches tall and 2-1/2 inches in diameter. Encircling the can is a printed paper label. The front panel identifies the contents as Town House brand Asparagus Spears. The rear panel provides serving suggestions, preparation instructions, nutritional information, a declaration of ingredients, an address for consumer inquiries, the name and head office location of the distributor, and the country of origin, "product of New Zealand." The country of origin marking appears just below the distributor's name and location, and is printed in bolder and larger type than that of the distributor. Across the top lid of the can, the phrase "product of New Zealand" is also printed in a conspicuous manner, in what appears to be a permanent ink. You have asked for a ruling as to whether removing the country of origin marking from the label would be acceptable, if the same is printed on the can lid.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side (s) or surface(s) in which the name or locality other than the actual country of origin appears.

The proposed marking of the imported canned foods, i.e., removing the country of origin from its current position on the label, and only marking the can lid, will not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and would not be an acceptable country of origin marking for the imported canned foods.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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