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NY H82091




June 20, 2001

CLA-2-7:RR:NC:2:228 H82091

CATEGORY: CLASSIFICATION

TARIFF NO.: 0704.90.2000; 0704.90.4040; 0706.10.0500; 0709.30.2000; 0709.30.4000; 0709.40.2000

Mr. Jeff Kendall
Border Brokerage Co., Inc.
P.O. Box 3549
Blaine, WA 98231

RE: The tariff classification, status under the North American Free Trade Agreement (NAFTA), and country of origin marking of vegetable mixes from Canada; Article 509

Dear Mr. Kendall:

In your letter dated April 20, 2001, on behalf of Sysco Food Services you requested a ruling on the status of vegetable mixes from Canada under the NAFTA. Your letter was received via facsimile transmission on June 5, 2001.

Fresh vegetables, products of the United States or Mexico, will be exported to Canada. In Canada, the vegetables will be diced or shredded, mixed together in various combinations, including, in some cases, mixing with diced or shredded Canadian-grown vegetables, packed for sale to non-retail purchasers, and shipped back to the United States. The Coleslaw Mix-Kingstyle is composed of 50 percent cabbage and 50 percent carrots. Coleslaw Mix-Rainbow contains 80 percent green cabbage, 10 percent red cabbage, and 10 percent carrots. All vegetables in the coleslaw mixes are products of the United States. Eggplant Mix consists of 80 percent eggplant, 10 percent carrots and 10 percent celery. The carrots and celery are products of the United States. The eggplant will be a product of Mexico from December through April, and a product of the United States at other times. Stir Fry Mix is composed of 20 percent broccoli, 20 percent cauliflower, 20 percent bok choy, 15 percent onion, 10 percent zucchini, 10 percent carrots, and 5 percent snow peas. The broccoli, cauliflower, bok choy, onion, and snow peas are products of the United States. The carrots will be of Mexican or United States origin, and the zucchini is a product of Mexico. Stew Mix is composed of 50 percent potatoes, 15 percent carrots, 15 percent celery, 15 percent onions, and 5 percent green peppers. The potatoes, celery and onions are products of the United States, the carrots and peppers are grown in Canada. The applicable subheading for the Coleslaw Mix-Rainbow will be 0704.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for cabbages, cauliflower, kohlrabi, kale and similar edible brassicas, fresh or chilledother cabbage. The general rate of duty will be 0.54 cents per kilogram.

The applicable subheading for the Stir Fry Mix will be 0704.90.4040, HTS, which provides for cabbages, cauliflower, kohlrabi, kale and similar edible brassicas, fresh or chilledotherother. The general rate of duty will be 20 percent ad valorem.

The applicable subheading for the Coleslaw Mix-Kingstyle will be 0706.10.0500, HTS, which provides for carrotsreduced in size. The general rate of duty will be 14.9 percent ad valorem.

The applicable subheading for the Eggplant Mix, when entered during the period from April 1 to November 30, will be 0709.30.2000, HTS, which provides for other vegetables, fresh or chilledeggplants (aubergines)if entered during the period from April 1 to November 30, inclusive, in any year. The general rate of duty will be 2.6 cents per kilogram. If entered at any other time, the applicable subheading will be 0709.30.4000, HTS, and general rate of duty will be 1.9 cents per kilogram.

The applicable subheading for the Stew Mix will be 0709.40.2000, HTS, which provides for other vegetables, fresh or chilledother vegetablescelery other than celeriacreduced in size. The general rate of duty will be 14.9 percent ad valorem.

The coleslaw, stir fry, eggplant, and stew mixes, being wholly obtained or produced entirely in the territory of the United States, Mexico, and Canada, will meet the requirements of HTS General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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. Part 134, Customs Regulations (19 CFR 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 134.45(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. 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.

The rules for determining when, for marking purposes, the country of origin of an imported good is one of the parties to "NAFTA" are set forth in Part 102, Customs Regulations.

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 imported coleslaw mixes and the eggplant mix, when made from eggplants grown in the United States, are goods of the United States for marking purposes. The eggplant mix, when made using eggplants grown in Mexico, is a good of Mexico and the United States for marking purposes. The stew mix is a good of the United States and Canada for marking purposes. The stir fry mix, when made with carrots grown in the United States, is a good of the United States and Mexico for marking purposes. When made using carrots grown in Canada, the stir fry mix is a good of the United States, Mexico, and Canada for marking purposes.

If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. ยง1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

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

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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