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NY D80197


August 5, 1998

MAR-2 RR:NC:2:228 D80197

CATEGORY: MARKING

Mr. Steve Troehler

Victor Packing, Inc.

11687 Road 27½

Madera, CA 93637

RE: COUNTRY OF ORIGIN MARKING OF PREPARED CEREAL PRODUCTS; ARTICLE 509

Dear Mr. Troehler:

This is in response to your letters dated June 10, 1998 and July 14, 1998, requesting a ruling on the country of origin marking requirements for cereal products made in the United States using foreign ingredients. Samples of the finished cereal products and a sample of sugar-coated raisins were submitted with your second letter.

The products made in the United States are human food preparations composed of roasted bran flakes and sugar-coated raisins, or a mixture of roasted flakes derived from several cereal grains, sugar-coated raisins, and dried fruits. The raisins are products of either Mexico or Turkey. Your firm will import the raisins in 1000-pound bulk containers, coat them with sugar, and then either sell them to a U.S. breakfast cereal producer, or use them in your own cereal products.

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 C.F.R. 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 appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.1(b) of the 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 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 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 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.

Part 102 of the 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 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 regulations to the facts of this case, we find that the finished cereal products are goods of the United States for marking purposes.

Products whose country of origin is the United States are not subject to the provisions of Part 134 of the Customs Regulations. The marking of U.S.-made products is under the jurisdiction of the Federal Trade Commission (FTC). You may contact this agency at:

Federal Trade Commission

Division of Enforcement

6th and Pennsylvania Avenue, N.W.

Washington, D.C. 20508

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 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,


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