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HQ 562185

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February 11, 2002

MAR-05 RR:CR:SM 562185 NL

CATEGORY: MARKING

Mr. Patrick E. Mines
P. Mines Customs Services
28 Princess Street
P.O. Box 1197
Fort Erie, Ontario L2A 5Y2
CANADA

RE : Country of Origin Marking; 19 U.S.C. §1304(f); NY E88528; 2101.20, HTSUS

Dear Mr. Mines:

This is in reply to your letter dated June 27, 2001, in which you request clarification of a ruling issued to you on behalf of your client, Tate and Lyle North American Ltd. of Toronto. The ruling in question was issued by the National Commodity Specialist Division as New York ruling E88528 (November 2, 1999).

FACTS:

Your letter indicates that the present circumstances are the same as those addressed in NY E88528: the product, ice tea drink mix, is blended in Canada from ingredients of several countries. Our ruling stated that with respect to country of origin marking, 19 U.S.C. §1304(f) provides that the country of origin marking requirements of 19 U.S.C. §§ 1304(a) and 1304(b) do not apply to goods classified in subheading 2101.20, HTSUS.

ISSUE:

Whether certain requirements of the Food and Drug Administration (21 CFR §101.5), under which labels must specify the name and place of business of the manufacturer, packer or distributor, have any consequences for the country of origin marking exemption.

LAW & ANALYSIS

You state that Customs officials have taken the view that the appearance of a U.S. address on the label creates the inference that the product is made in the United States, and that it should therefore be marked as a product of Canada. It appears that the basis for this view is that the U.S. address would trigger the requirements of 19 CFR §134.46, under which the name of the country of origin of the good must appear in close proximity to any indication of a location other than the country of origin.

The exemption from country of origin marking set forth in 19 U.S.C.§1304(f) specifies that the identified goods, including those classified in subheading 2101.20, HTSUS, are exempt from the requirements of 19 U.S.C.§§ 1304(a) and 1304(b). Section 134.46 was promulgated under the authority of 19 U.S.C. §1304(a). Therefore, to the extent that the exemption from marking for coffees and teas in 19 U.S.C. §1304(f) specifies exemption from 19 U.S.C. §1304(a), it necessarily follows that such goods also are exempted from the requirements set forth in 19 CFR §134.46.

HOLDING:

The ice tea drink mix that is exempt from the country of origin marking requirements of 19 U.S.C. §§1304(a) and (b) is also exempt from regulations, such as 19 CFR §134.46, that are promulgated under the authority of 19 U.S.C. §1304(a).

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director
Commercial Rulings Division

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