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NY J83005





April 30, 2003

CLA-2-22:RR:NC:SP:232 J83005

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Ms. Sarah M. Nappi
Miller & Chevalier
655 Fifteenth Street, N.W.,Suite 900
Washington, D.C. 20005-5701

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of various juice blends from Canada; Article 509

Dear Ms. Nappi:

In your letter dated April 3, 2003, on behalf of A. Lassonde Inc., you requested a ruling on the status of fruit flavored juice blends from Canada under the NAFTA. Your request also asks for the country of origin for marking purposes of the products.

Descriptive information and sample packaging artwork were included with your request. Additional information was submitted in your letter dated April 24, 2002. The subject merchandise consists of four types of fruit flavored juice blends: (1) Apple, Cranberry, Raspberry, (2) Orange, Raspberry, Passion Fruit, (3) Orange-Mango, (4) Orange, Strawberry, Banana.

The Apple, Cranberry, Raspberry fruit flavored juice blend contains grape juice from concentrate, non-frozen concentrated apple juice, non-frozen concentrated cranberry juice, raspberry puree, apple juice from concentrate and ascorbic acid. The grape juice may be from non-NAFTA countries. The apple juice and ascorbic acid are from non-NAFTA countries.

The Orange, Raspberry, Passion Fruit fruit flavored juice blend contains grape juice from concentrate, non-frozen concentrated orange juice, orange juice from concentrate, raspberry puree, passion fruit juice from concentrate, elderberry juice and ascorbic acid. The grape juice may be from non-NAFTA countries, the orange juice from concentrate, passion fruit juice, elderberry juice and ascorbic acid are from non-NAFTA countries.

The Orange-Mango fruit flavored juice blend contains grape juice from concentrate, orange juice from concentrate, non-frozen concentrated orange juice and mango puree. The grape juice may be from non-NAFTA countries. The orange juice from concentrate and mango puree are from non-NAFTA countries.

The Orange, Strawberry, Banana fruit flavored juice blend contains orange juice from concentrate, grape juice from concentrate, pineapple juice from concentrate, banana puree, strawberry juice from concentrate, natural apple and banana flavors, natural strawberry flavor and ascorbic acid. The grape juice and strawberry juice may be from non-NAFTA sources. The orange juice, pineapple juice, banana puree and ascorbic acid are from non-NAFTA sources.

The various ingredients are processed in Canada. The processing includes the addition of water, fortification with vitamin C, blending and heat pasteurization. The packaging and labeling are done in Canada. Some of the packaging materials are produced in the United States. The merchandise will be imported in 64 ounce paper juice cartons.

The applicable subheading for all of the fruit flavored juice blends will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: OtherOther. The duty rate will be 0.2 cents per liter. .

Each of the non-originating materials used to make the fruit flavored juice blends have satisfied the change in tariff classification required under HTSUSA General Note 12(t)/22. The fruit juice blends will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Your inquiry also requests a ruling on the country of origin marking requirements for an imported article which is processed in a NAFTA country prior to being imported into the U.S. A marked sample was not submitted with your letter for review.

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 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 U.S.C. 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 (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.

Section 134.1(b) of the regulations, defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).

Section 134.1(j) of the regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a "good of a NAFTA country" as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the 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.

You state that the imported fruit flavored juice blends are processed in a NAFTA country "Canada" prior to being imported into the U.S. Since, "Canada" is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported fruit flavored juice blends are “goods of a NAFTA country", and thus subject to the NAFTA marking requirements.

Part 102 of the regulations, sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.

Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported fruit juice blends are goods of "Canada" for marking purposes, since they satisfy the requirements of Section 102.20(d).

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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