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NY J83745




May 19, 2003

MAR-2 RR:NC:2:228 J83745

CATEGORY: MARKING

Mr. Todd Danko
Crunch Pak
2833 Euclid Avenue
Wenatchee, WA 98801

RE: COUNTRY OF ORIGIN MARKING OF APPLE SLICES MADE FROM IMPORTED APPLES.

Dear Mr. Danko:

This is in response to your letter dated April 15, 2003, requesting a ruling on the country of origin marking for a sliced apple product made from imported apples.

Fresh apples will be imported from Chile. After receiving the apples your firm will core and slice the fruit, sanitize the apples with chlorine dioxide, and treat them with calcium ascorbate. The chlorine dioxide and calcium ascorbate prevent microbial and enzymatic breakdown and browning, allowing a 21-day shelf life at the retail level. The apple slices are ready to eat, and sold in refrigerated condition in 2 oz., 6 oz., and 1 lb. retail-sized packages, and 3 lb. packages for food service use.

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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35.

In this case, the imported apples are not substantially transformed as a result of the U.S. processing. The ultimate purchaser is the retail or food service consumer. The containers of sliced apples are required to be marked with the country of origin, “Chile”.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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