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 > 2003 NY Rulings > NY I89552 - NY I89601 > NY I89584

Previous Ruling Next Ruling
NY I89584




January 13, 2003

CLA-2-20:RR:NC:2:228 I89584

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.11.4500; 2008.11.6000

Mr. Mike Daly
Livingston International Trade Services, Inc. 100 Walnut Street
Champlain, NY 12919

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

Dear Mr. Daly:

In your letter dated December 17, 2002, on behalf of Sucharu International Ltd., Ottawa, Ontario, Canada you requested a ruling on the status of a snack mix from Canada under the NAFTA.

An ingredients breakdown accompanied your letter. Hot Cajun Mix is a snack food consisting of a mixture of roasted and seasoned peanuts, “Cajun sticks,” and sesame sticks. All ingredients are products of the United States. The Cajun sticks and sesame sticks are finished goods when imported into Canada, the only operation performed on them is blending into the snack mix. The peanuts are exported to Canada in raw form. In Canada, they are roasted in oil or butter, seasoned with salt or sweetened with sugar, and blended into the snack mix.

The applicable subheading for Hot Cajun Mix, if entered under quota, will be 2008.11.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includednuts, peanuts (ground-nuts) and other seeds, whether or not mixed togetherpeanuts (ground-nuts) otherdescribed in additional U.S. note 2 to chapter 12 and entered pursuant to its provisions. The rate of duty will be 6.6 cents per kilogram. If entered outside the quota, the applicable subheading will be 2008.11.6000, HTS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includednuts, peanuts (ground-nuts) and other seeds, whether or not mixed together peanuts (ground-nuts)otherother. The rate of duty will be 131.8 percent ad valorem.

The Hot Cajun Mix, when classified in subheading 2008.11.4500, HTS, being wholly obtained or produced entirely in the territory of the United States and Canada, will meet the requirements of HTSUSA 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 134.1(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 Hot Cajun Mix is a good of a Canada for marking purposes.

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 Tom Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: