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NY I82449




June 12, 2002

CLA-2-21:RR:NC:2:228 I82449

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997, 2106.90.9998

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919

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

Dear Mr. Ralston:

In your letter dated May 15, 2002, on behalf of Natursource Inc., you requested a ruling on the status of snack mixes from Canada under the NAFTA. Article 509

Ingredients breakdowns and samples of two snack mixes were submitted with your letter. The samples were examined and disposed of. Oriental Garden 2 is a mixture of flavored pretzels, flavored peanuts, green peas, salted blanched peanuts, fried noodles, pretzels, sesame sticks, and Cajun corn. Sweet and Salt Mix is a mixture of clusters (almonds, pretzels, and sunflower seeds), flavored pretzels, salted peanuts, and flavored peanuts. The snack foods will be sold in various weight packages through retail stores, cruise lines, airlines, etc.

The almonds, pretzels, sunflower seeds, sesame sticks, and Cajun corn are products of the United States. The salt is from Israel, the Tamari sauce is from the United States or Japan, and the peanuts are from China. The other ingredients are products of Canada. All of the ingredients are processed and packaged in Canada.

The applicable subheading for the Sweet and Salt mix will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother othercontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Mix Oriental Garden 2 will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedotherother. The rate of duty will be 6.4 percent ad valorem.

Each of the non-originating materials used to make the snack mixes have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21.14. The articles will 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 134.1(b) of the regulations, defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. 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" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. 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. 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.

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 snack mixes are goods of Canada for marking purposes.

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

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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