NY 815866 - COUNTRY OF ORIGIN MARKING OF IMPORTED COFFEE; Article 509 - United States International Trade Commision Rulings

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NY 815866

October 26, 1995

MAR-2 R:N2:232 815866

CATEGORY: MARKING

Ms. Tracey Ellman
PBB USA Inc.
434 Delaware Avenue
Buffalo, NY 14202

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED COFFEE; Article 509

Dear Ms. Ellman:

This is in response to your letter dated October 10, 1995, on behalf of Flavor Coffee Company Inc. requesting a ruling on the country of origin marking requirements for an imported article which is processed in a NAFTA country prior to being imported into the U.S. A marked sample was not submitted with your letter for review.

The subject merchandise is described as gourmet flavored coffee gift packs. You state that Flavor Coffee Company Inc. purchases green coffee beans through a U.S. coffee broker. The majority of the green coffee beans are produced in Costa Rica, Mexico, Columbia, and Guatemala. The green coffee beans are shipped to Canada where Flavor Coffee roasts, flavors, drys and grinds them. This ground coffee is packaged in steel tins, which are labelled "Product of Canada" and the tins are assembled into gift packs. The coffee will be imported in the following flavors: Hazelnut Vanilla, Irish Cream, Amaretto Almond, Raspberry Chocolate and Swiss Chocolate Almond. Photographs of the tins of coffee and samples of the product labels were submitted with this request. The front of the labels show "Flavor Coffee" at the top, followed by "Gourmet Coffee" and then the flavor of coffee, for example, "Irish Cream" on the next line. Below the flavor of the coffee, is the term "Flavored" and at the bottom of the label is "NET WT. 4 OZ (114g)". The portion of the label which will appear on the side and rear of the tin lists the directions for preparing the coffee at the top, then the ingredients and then "Flavor Coffee Co. Inc.", followed by the Canadian address. The bottom of the label is marked "Product of Canada".

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 134.1(b) of the interim regulations, defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the interim regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. 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. 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.

You state that the imported green coffee beans are processed in a NAFTA country "Canada" prior to being imported into the U.S. Since, "Canada" is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported gourmet flavored coffee is a "good of a NAFTA country", and thus subject to the NAFTA marking requirements.

Part 102 of the interim regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the interim regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the interim regulations to the facts of this case, we find that the imported gourmet flavored coffee in tins, assembled into gift packs is a good of Canada for marking purposes, since it satisfies the requirements of Section 102.20 (b).

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 John Maria at 212-466-5730.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Roger J. Silvestri
Director,

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