United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY F88507 - NY F88563 > NY F88538

Previous Ruling Next Ruling
NY F88538

---

July 13, 2000

MAR-2:RR:NC:2:231 F88538

CATEGORY: MARKING

Mr. Sal Piazza
Piazza’s Seafood World LLC
505 Commerce Point
New Orleans, LA

RE: The country of origin marking of blanched, frozen crabmeat of Chinese or Vietnamese origin that is exported to the US for canning and pasteurization.

Dear Mr. Piazza:

In your letter, dated June 5, 2000, you requested a ruling on the country of origin marking of blanched, frozen crabmeat of Chinese or Vietnamese origin that will be exported to the US for canning and pasteurization.

The merchandise is comprised of blanched crabmeat in a frozen state from China or Vietnam that will be exported to the United States for canning and pasteurization. After processing in the United States, the canned crabmeat will keep for approximately one year, if refrigerated at the proper temperature. In your letter you inquire as to proper country of origin marking under the aforementioned scenario: you ask whether the crabmeat is substantially transformed in the United States, and whether you may label the merchandise as a product of the United States. A sample of the crabmeat was not submitted with your letter for review.

Section 304 of the 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. must be marked to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations, implements the country of origin marking requirements and exceptions to 19 USC 1304. As provided for in 19 CFR 134.1(b), “country of origin” means the country of manufacture, production, or growth of an article. 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.” A substantial transformation is said to occur if, after manufacture or processing, an article emerges having a new name, character, or use.

In this instance it is clear that the canning and pasteurization processes that are performed in the United States are not processes of manufacture that effect a substantial transformation; they do not transform the merchandise into a new a different article of commerce. The blanched, frozen crabmeat that is canned and pasteurized in the United States does not, therefore, lose its identity, and it remains a product of China or Vietnam.

Accordingly, we advise that the products remain products of China or Vietnam for the purposes of country of origin marking.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling