NY 815339 - THE COUNTRY OF ORIGIN MARKING OF RAISINS; Article 509 - United States International Trade Commision Rulings

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NY 815339

October 26, 1995

MAR-2 R:N2:228 815339

CATEGORY: MARKING

Mr. Steve Troehler
Victor Packing, Inc.
11687 Road 27-1/2
Madera, CA 93637

RE: THE COUNTRY OF ORIGIN MARKING OF RAISINS; Article 509

Dear Mr. Troehler:

This is in response to your letter dated September 27, 1995 requesting a ruling on the country of origin marking for imported raisins that will be repackaged in the United States. Samples were not submitted with your letter.

Your firm plans to import raisins from Mexico in 1000-pound sacks or bins. These containers will be marked to show Mexico as the country of origin. You have asked us to rule on the country of origin marking for three situations. First, after receiving the 1000-pound units, your firm will repack the raisins into 30-pound and 5-pound cardboard containers, and one-pound cardboard boxes and plastic bags. Second, the 30-pound containers will be sold to a U.S. customer who will make a product called "California Mix," by blending the raisins with peanuts, sunflower seeds, and dried pineapple. Third, your firm will blend the imported raisins with an equal amount of California raisins, and then repack this 50/50 blend into the 30, 5, and one-pound containers referred to above.

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 the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The country of origin marking requirements for a "good of a NAFTA country" are also determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the interim amendments to the Customs Regulations published as T.D. 94-4 (59 Fed. Reg. 109, January 3, 1994) with corrections (59 Fed. Reg. 5082, February 3, 1994) and T.D. 94-1 (59 Fed. Reg. 69460, December 30, 1993). These interim amendments took effect on January 1, 1994 to coincide with the effective date of the NAFTA. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in T.D. 94-4 (adding a new Part 102, Customs Regulations). The marking requirements of these goods are set forth in T.D. 94-1 (interim amendments to various provisions of Part 134, Customs Regulations).

Section 134.45(a)(2) of the interim regulations, provides that "a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish. Section 134.1(g) of the interim regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.

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 134.44, 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.

Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d) of the interim regulations, provides that the ultimate purchaser of a good of a NAFTA country is the last person in the United States who purchases the good in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser.

Certain articles, such as raisins, are excepted from marking under 19 U.S.C. 1304(a)(3)(J) and section 134.33, Customs regulations (19 CFR 134.33). However, if such articles are imported in a container, the outermost container in which the article reaches the ultimate consumer must be marked to indicate the origin of its contents. Although that you will receive the raisins in marked containers, they will be repacked into smaller units for sale to the ultimate purchaser. Section 134.25, Customs Regulations (19 CFR 134.25) states that if such merchandise is intended to be repacked in new containers for sale to an ultimate purchaser after its release from Customs custody, or if the district director has reason to believe it will be repacked after its release, the importer must certify to the district director that: (1) if the importer does the repacking, the new container shall be marked to indicate the country of origin, or (2) if the article is intended to be sold or transferred to a subsequent purchaser or repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or transfer, that any repacking of the article must conform to these requirements.

Finally, 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.

Applying the NAFTA Marking Rules to the specific situations you have described, we find that all repackaged raisins must be marked to show Mexico as the country of origin. This would apply to the repackaged Mexican raisins, the repackaged blend of 50% Mexican raisins and 50% California raisins, and to the "California Mix" prepared by your customer.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181). 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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