NY F85796 - The country of origin marking under the North American Free Trade Agreement (NAFTA) of raw pig ears of U.S., Canadian, German, French or Belgian origin that are roasted, irradiated and packed for retail sale in Canada, and exported to the US; Article 509 - United States International Trade Commision Rulings

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NY F85796

August 4, 2000

MAR-2:RR:NC:2:231 F85796

Mr. Richard Rocco
Livingston International, Inc.
27215 Northline Road
Taylor, MI 48180

RE: The country of origin marking under the North American Free Trade Agreement (NAFTA) of raw pig ears of U.S., Canadian, German, French or Belgian origin that are roasted, irradiated and packed for retail sale in Canada, and exported to the US; Article 509

Dear Mr. Rocco:

In your letter, dated March 31, 2000, on behalf of your client, Normerica, Inc., Etobicoke, Ontario, you requested a ruling on the country of origin marking of raw pig ears of U.S., Canadian, German, French or Belgian origin that are roasted, irradiated and packed for retail sail in Canada, and exported to the United States under the NAFTA.

The merchandise is comprised of raw pig ears of U.S. Canadian, German, French or Belgian origin that are roasted, irradiated and packed for retail sale in Canada, and exported to the United States. The ingredients are 58 percent minimum crude protein, 24 percent minimum crude fat, 10 percent maximum moisture, and 2.5 percent maximum fiber. The brand will be “Jawbone.”

In your correspondence you state that the pig ears are roasted, irradiated and packaged in Canada and that the products originate from several countries – Canada, the United States, France, Germany, and Belgium. You ask whether you may simplify your packaging by labeling the bags thus: “Contains product from USA, Canada, Germany, France or Belgium.”

The marking rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. Part 102 of the Customs Regulations sets forth the “Rules of Origin” for the purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 articulates the required hierarchy for determining country of origin for marking purposes.

Section 102.11(a)(3) states that the country of origin of a good is the country in which “each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in Section 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied." Section 102.20(a) articulates the tariff shifts that are required for merchandise that is classifiable in chapter 5, HTS.

Applying the NAFTA Marking Rules set forth in Part 102 of the Customs Regulations to the facts of this case, we find that for marking purposes, these goods are of U.S., Canadian, German, French or Belgian origin. Marking is not required for pig ears of U.S. origin; marking is required for pig ears of Canadian, German, French or Belgian origin. A tariff shift has not occurred, as per CR 102.20(a).

Accordingly, the roasted, irradiated and packaged pig ears of American origin, when exported from Canada, remain products of the United States for the purposes of country of origin marking. Marking is not required for pig ears of U.S. origin.

Roasted, irradiated and packaged pig ears of Canadian origin, when exported from Canada, are products of Canada for the purposes of country of origin marking. They must be marked to indicate that the country of origin is Canada.

Roasted, irradiated and packaged pig ears of German origin, when exported from Canada, are products of Germany for the purposes of country of origin marking. They must be marked to indicate that the country of origin is Germany.

Roasted, irradiated and packaged pig ears of French origin, when exported from Canada, are products of France for the purposes of country of origin marking. They must be marked to indicate that the country of origin is France.

Roasted, irradiated and packaged pig ears of Belgian origin, when exported from Canada, are products of Belgium for the purposes of country of origin marking. They must be marked to indicate that the country of origin is Belgium.

You may not label the merchandise “Contains product from USA, Canada, Germany, France or Belgium.” Each bag must indicate the specific country of origin; American goods need not be marked.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director,

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