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NY 802662

November 9, 1994

CLA-2-23:S:N:N7:231 802662


TARIFF NO.: 2309.90.9500

Ms. Ann Williams
A.N. Deringer, Inc.
173 West Service Road
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of fish food from Canada; Article 509

Dear Ms. Williams:

In your letter, dated October 17, 1994, on behalf of your client, Poissons Tropicaux GRYD, Inc., Lachine, Quebec, you requested a ruling on the status of fish food from Canada under the NAFTA.

The submitted samples are krill plankton fish food and calanus plankton fish food. The plankton is derived from Canadian waters, and then it is freeze dried. All of the processing and manufacturing of the finished products will be done in Canada.

The applicable tariff provision for the krill plankton fish food and the calanus plankton fish food will be 2309.90.9500, HTS, which provides for preparations of a kind used in animal feeding, other, other, other, other, other. The general rate of duty will be 3 percent ad valorem.

The krill plankton fish food and the calanus plankton fish food, being wholly obtained or produced entirely in the territory of 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.

Information regarding applicable regulations administered by the U.S. Food and Drug Administration (including packaging and labeling requirements) may be addressed to that agency at the following location:

U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204

You have inquired as to the country of origin marking requirements for imported fish food which is claimed to be a product of a NAFTA country. A marked sample was submitted with your letter for review.

The marking statute, Section 304, Tariff Act of 1930, as Amended (19 USC 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 USC 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.

Section 134.45 (a)(2) of the interim 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.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Jean F. Maguire
Area Director

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