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NY B88116

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August 13, 1997

MAR-2 RR:NC:2:231 B88116

CATEGORY: MARKING

Mr. Sandy Kloesel
Double "B" Foods, Inc.
P.O. Drawer A
Schulenburg, TX 78956

RE: THE COUNTRY OF ORIGIN MARKING OF FROZEN BEEF AND BEEF JERKY FROM AUSTRALIA AND URUGUAY.

Dear Mr. Kloesel:

This is in response to your letter dated, July 23, 1997, requesting a ruling on country of origin marking for retail packages of certain beef products. A sample of marked items was not submitted with your letter for review.

The merchandise is described thus:

1. Frozen, raw, boneless beef - comprised of insides, rounds, flats and shoulder clods. The frozen beef will be used for producing beef jerky. The beef will be transformed during production at a USDA approved processing plant, and then placed in retail size packages for sale.

2. Chopped and formed beef jerky - fully cooked, dry product. The chopped and formed beef jerky will arrive in large sheets, and it will be further processed by cutting and repackaging into retail size packages.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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 legible, 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. 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.

With regard to the frozen, raw, boneless beef that will be transformed into jerky (item #1 listed above), the country of origin for marking purposes will be the USA. The production process constitutes a substantial transformation.

We note that the chopped and formed jerky (item #2 listed above) will be merely cut to size. The correct country of origin for marking purposes will be the country of export.

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 attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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