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NY L88125

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October 17, 2005

MAR-2 RR:NC:2:228 L88125

CATEGORY: MARKING

Ms. Tzvia ben Aharon
Kvuzat Yavne Food Products
Kvuzat Yavne
D.N. Evtach 79233 Israel

RE: THE COUNTRY OF ORIGIN MARKING OF CANNED PICKLES

Dear Ms. ben Aharon:

This is in response to your letter dated September 20, 2005 requesting a ruling on the country of origin marking for imported canned pickles. Additional information and copies of product labels were submitted with a letter dated September 27, 2005.

Cucumber pickles grown in the West Bank will be shipped to your factory in Israel, where they will be processed, packed into no. 10 cans, and exported to the United States. The product labels identify the product, “cucumber pickles,” provide an illustration of the vegetable, state the ingredients (cucumbers, water, salt, acetic acid, garlic, spices), the drained weight, “Nutrition Facts” box, and the name and address of the United States distributor, Jerusalem Foods, 6470 Miller Road, Dearborn, Michigan. Below the distributor’s address, in bold, upper case type, appear the words “product of West Bank.” Your September 20, 2005 letter requested a ruling on whether the pickles may be marked “Product of Palestine” or “Product of the West Bank.”

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Marking the imported canned cucumber pickles “Product of West Bank,” in the manner represented by the product labels described above, is conspicuous, legible, and permanent. It satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking. “Product of Palestine,” however, is not an acceptable country of origin marking, and the pickles may not be so marked.

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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