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NY K81349





December 11, 2003

CLA-2-22:RR:NC:SP:232 K81349

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.3700

Ms. Caroline Croteau
A. Lassonde Inc.
170 5th Avenue
Rougemont, J0L 1M0
Quebec, Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Rougemont Vegetable Cocktail from Canada; Article 509

Dear Ms. Croteau:

In your letter dated November 13, 2003 you requested a ruling on the status of Rougemont Vegetable Cocktail from Canada under the NAFTA. Your inquiry also asks for the country of origin for marking purposes of the product.

A copy of the product label was included with your request. Additional information was submitted in your fax dated December 9, 2003. The subject merchandise contains water, concentrated tomato juice, liquid sugar, salt, citric acid, concentrated celery, carrot, cucumber, beet, green pepper and onion juices, ascorbic acid and natural flavors. The concentrated tomato, celery, carrot, cucumber, beet, green pepper, onion juices, and the salt are produced in the United States. The water and certain natural flavors are products of Canada. The balance of the ingredients is from various non-NAFTA countries. The ingredients are blended in Canada to produce the finished vegetable juice cocktail. The merchandise will be packaged in 1.89 liter plastic bottles. You indicate that the product is currently marked “Prepared in Canada.”

The applicable subheading for the Rougemont Vegetable Cocktail will be 2202.90.3700, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Mixtures of juices. The general rate of duty will be 0.2 cents per liter.

Each of the non-originating materials used to make the Rougemont Vegetable Cocktail has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/22. The product will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Your inquiry also requests a ruling on the country of origin marking requirements for an imported article which is processed in a NAFTA country prior to being imported into the U.S. A marked sample was not submitted with your letter for review.

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 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.

You state that the imported Rougemont Vegetable Cocktail is processed in a NAFTA country "Canada" prior to being imported into the U.S. Since, "Canada" is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported product is a “good of a NAFTA country", and thus subject to the NAFTA marking requirements. 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 presented, we find that the country of origin for marking purposes of the Rougemont Vegetable Cocktail is the United States, noting Section 102.11 (b)(1). Products of the United States are excepted from the country of origin marking requirements.

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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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