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HQ 733198

March 29, 1990

MAR 2-05 CO:R:C:V 733198 pmh


Mr. Michael D. McGee
Citrus World, Inc.
P.O. Box 1111
Lake Wales, FL 33859-1111

RE: Country of origin marking requirements for ornage juice concentrate

Dear Mr. McGee:

This is in response to your letter of March 13, 1990, concerning the country of origin marking requirements applicable to imported fruit juice concentrate. In addition, you wish to know whether the country of origin marking requirements apply to imported goods sold in the U.S. territories and possessions.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article will permit in such a manner as to indicate to the ultimate purchaser 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 134.1(e), Customs Regulations (19 CFR 134.1(e)), defines "United States," for purposes of 19 U.S.C. 1304, as including all territories and possessions of the United States, except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island and the island of Guam. Therefore, in accordance with this definition, foreign juice concentrate imported into Puerto Rico is required to be marked with the country of origin and foreign concentrate imported into the Virgin Islands or any of the territories and possessions listed above, is not required to be marked.

With regard to the marking requirements for fruit juice concentrate, Customs announced final guidelines for these marking requirements by Treasury Decision 86-66 published in the Federal Register on July 13, 1989 (54 FR 29540). Imported fruit juice concentrate entered into the U.S. and used in the production of concentrated or reconstituted fruit juice is not substantially
transformed after undergoing further processing in the U.S. including blending with other batches of concentrate of the same fruit; addition of water, oil and essences; pasteurization or freezing; and repacking. Accordingly, all such imported concentrate is subject to the marking requirements of 19 U.S.C. 1304.

We have enclosed a copy of the Federal Register document for your information. If we can provide any additional information or be of any further assistance, please do not hesitate to let us know.


Marvin M. Amernick

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