NY E87514 - COUNTRY OF ORIGIN MARKING OF IMPORTED “JAVABLES” - United States International Trade Commision Rulings

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NY E87514

October 7, 1999

MAR-2 RR:NC:SP:232 E87514

CATEGORY: MARKING

Mr. Laurence E. Cray
C J International, Inc.
P.O. Box 75333
Cincinnati, Ohio 45275

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED “JAVABLES”

Dear Mr. Cray:

This is in response to your letter dated September 13, 1999, on behalf of Van Melle AG, Switzerland, requesting a ruling on whether the proposed marking "Made in Brazil by Van Melle Brazil LTDA" is an acceptable country of origin marking for imported “Javables” if another marking "Imported by: Catfish Candies LLC, P.O.Box 18850, Erlanger, KY 41018 " appears on the article which is a country or locality other than the actual country of origin of the article. A sample was submitted with your letter for review.

The subject merchandise is “Javables”, which is described as chewy coffee candy. The product will be imported in cases of retail sale boxes containing 24 packages of 10 pieces of an individually wrapped confection. The package of ten pieces will be the normal unit of retail sale. A prototype sample, artwork for the retail sale box, and artwork for the package holding the 10 individually wrapped pieces were submitted with your request.

The artwork for the retail sale box includes four box panels. The first panel shows “Catfish candies”, “Javables”, “Chewy Coffee Candy” on a background which depicts coffee beans. A representation of a steaming coffee cup is also shown on the right of the panel. The next panel has a bar code, below this is “Catfish candies”, and below this is the marking “Made in Brazil by: Van Melle Brazil LTDA” directly above, and in the same size lettering, as “Imported by: Catfish Candies LLC, P.O. Box 18850, Erlanger, KY 41018.” The last item on the panel is the internet address. The third panel has the same artwork as the first panel. The last panel contains the nutritional information, followed by the ingredients. The artwork for the package holding the ten individually wrapped pieces of confectionery shows a blank top panel, followed by a panel containing the nutritional information above the ingredients. The bar code is shown to the right of this information. The next two panels show “Catfish candies” above the net weight of the product with “Javables”, “Chewy Coffee Candy” to the left. The background depicts coffee beans, and a representation of a steaming coffee cup is on the right of the panel. The last panel has the marking “Made in Brazil by: Van Melle Brazil LTDA” directly above, and in the same size lettering, as “Imported by: Catfish Candies LLC, P.O. Box 18850, Erlanger, KY 41018.” The last item on the panel is the internet address. “Catfish candies” is to the left of the internet address.

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 to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, 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.

The proposed marking of imported “Javables”, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported confectionery.

Your letter also requested the classification of the subject merchandise. Your inquiry does not provide enough information for us to give a classification ruling on the “Javables.” Your request for a classification ruling should include the percentage of ingredients by weight in the product, and the function of the added cocoa powder.

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 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 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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