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NY B84846




May 15, 1997

MAR-2 RR:NC:SP:232 B84846

CATEGORY: MARKING

Mr Gary Gnirss
Bulcan Foodbev Consultants Inc.
5995 River Grove Avenue
Mississauga, Ontario
Canada L5M 4Z8

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ICE TEA BEVERAGE MIXES; ARTICLE 509

Dear Mr. Gnirss:

This is in response to your letter dated April 28, 1997 requesting a ruling on whether the proposed marking "Product of Canada" is an acceptable country of origin marking for imported Ice Tea Beverage Mixes if other markings "America's Choice" and "Distributed By Compass Foods, Montvale, NJ 07645" appear on the article which are a country and locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review.

Information was submitted in your initial request dated March 12, 1997. Additional information was submitted in your letter dated May 12, 1997. The subject merchandise is described as an ice tea beverage mix, which contains sugar, instant tea, citric acid, caramel color, natural lemon flavor, BHA, maltodextrin, artificial color and tricalcium phosphate. The ice tea beverage mix is produced in Canada and will be imported in five, four and two pound cylindrical corrugated containers with plastic lids. A copy of the label from a five pound container was included with your request. The top of the label is marked "America's Choice". In the center of the label, directly below the ingredient listing, are the words "Distributed By Compass Foods, Montvale, NJ 07645". You indicate that the plastic lids on all of the containers will be 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.

On October 11, 1996, the President signed the Miscellaneous Trade and Technical Corrections Act of 1996. Section 14 of the Act amended the country of origin marking statute (19 U.S.C. 1304) to exempt imports of certain specified coffee, tea and spices from the marking requirements of 19 U.S.C. 1304 (a) and (b). As a result neither the imported products nor their containers are required to be marked with the foreign country of origin. This statutory exemption is effective for goods entered, or withdrawn from warehouse, for consumption on or after October 11, 1996. The ice tea beverage mixes are among the products which have been included in this statutory marking exemption. Therefore, neither the ice tea beverage mixes nor their containers are required to be marked with the foreign country of origin.

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.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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