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NY C81037

November 6, 1997

MAR-2 RR:NC:SP:232 C81037


Mr. Ricky Villena
H.L.M. Cargo Clearance Brokers, Inc.
P.O. Box 652623
Miami, Florida 33265-2623


Dear Mr. Villena:

This is in response to your letter dated October 16, 1997, on behalf of Fleitas & Bujan Esq. And Condal & Penamil House, Inc., requesting a ruling on the acceptable country of origin marking for imported coffee from Spain. A marked sample was not submitted with your letter for review.

You indicate that the coffee is grown in Brazil and Columbia and is exported to Spain as green beans in 60 kilogram bags. Once in Spain, the coffee is toasted and packaged. (It is assumed that toasting is the same as roasting for purposes of this ruling). It is noted that the coffee may be packaged ground or unground, and that the coffee from Brazil and Columbia may be packaged separately in Spain, or it may be mixed together.

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.

On October 11, 1996, the President signed the Miscellaneous Trade and Technical Corrections Act of 1996. Section 14 of the Act amended the country of origin marking statute (19 U.S.C. 1304) to exempt imports of certain specified coffee, tea and spices from the marking requirements of 19 U.S.C. 1304 (a) and (b). As a result neither the imported products nor their containers are required to be marked with the foreign country of origin. This statutory exemption is effective for goods entered, or withdrawn from warehouse, for consumption on or after October 11, 1996. The roasted coffee products, which are classified in subheading 0901.21.00, HTS, are among the products which have been included in this statutory marking exemption. Therefore, neither the roasted coffee nor their containers are required to be marked with the foreign country of origin.

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 John Maria at 212-466-5730.


Robert B. Swierupski

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