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NY H81296




June 4, 2001

MAR-2 RR:NC:SP:232 H81296

CATEGORY: MARKING

Mr. Ross Browne
G.B. International, Inc.
123 Madison Avenue
Madison, New Jersey 07940

RE: THE COUNTRY OF ORIGIN MARKING OF FRUIT JUICES

Dear Mr. Browne:

This is in response to your letter dated May 3, 2001 requesting a ruling on whether the proposed marking "Product of Poland" is an acceptable country of origin marking for imported fruit juices. A marked sample was not submitted with your letter for review.

Additional information was submitted in your letter dated May 31, 2001. You indicate that Frutimex-Chelm in Poland produces various concentrated fruit juices from the following fresh or frozen fruits: apricots, aronia (choke berries), blackberries, cherries, currants (black and red), elderberries, peaches, raspberries and strawberries. The fruits are washed, and crushed into single strength fruit juice. The juice is treated with enzymes, filtered, and then evaporated into concentrates of various brix. The concentrated juices are held in refrigerated tanks until loaded into tankers. They sent by truck to Ybbstaler Fruchsaft in Krollendorf, Austria, who ownes and operates Frutimex. Once in Austria, the fruit juices are filtered again, and packaged in drums for shipment.

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.

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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. 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.

The proposed marking of the imported fruit juices, as described above, if conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 is an acceptable country of origin marking for the imported fruit juices.

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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