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NY J86728

August 8, 2003

CLA-2-13:RR:NC:2:238 J86728


TARIFF NO.: 1302.20.0000

Mr. Ralph T. Wesseling
Danisco Canada Inc.
230 Midwest Road
Scarborough, ON MIP 3A9

RE: The tariff classification and country of origin marking of Pectin (90/10), Pectin (75/25) and Pectin (50/50); ARTICLE 509

Dear Mr. Wesseling:

This is in response to your letter dated July 9, 2003, requesting a ruling on the tariff classification and country of origin of Pectin (90/10), Pectin (75/25) and Pectin (50/50). An unmarked sample of each product was submitted with your request.

The three submitted samples consist of pectin (a polysaccharide, present in the cell walls of all plants, which functions as an intercellular “cement”) standardized with 10%, 25% and 50% sucrose (by weight), respectively. The three submitted samples have the physical appearance of a fine, tan-colored powder. Pectin is widely used in the preparation of jellies, jams, and similar food products.

Pursuant to Explanatory Note 13.02(B), HTS, the applicable subheading for the three subject products will be 1302.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Pectic substances, pectinates and pectates.” The general rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

You state the following in your letter: “The raw pectin is the product of the United States and/or Mexico and/or the Czech Republic. The sugar content is grown in Brazil or the Domunican Republic, and refined in Canada. The production of the standardized pectin is performed in Canada. The pectin and sugar are mixed in a manner so as to make susequent separation commercially unfeasible. The product will be imported into the U.S. in standard commercial packages (cardboard boxes, 25 kg bags, 55 gallon drums and/or 2000 pound super sacks) and will be resold in the U.S. to industrial users.”

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. Part 134 of the 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 of the Customs Regulations. The marking requirements of these goods are set forth in Part 134 of the Customs Regulations.

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

Applying the NAFTA Marking Rules set forth in Part 102 of the Customs Regulations to the facts of this case, we find that the country of origin of the imported products is the country or countries of origin of the pectin: the U.S., Mexico or the Czech Republic. However, products of U.S. origin are not subject to the country of origin marking requirements set forth in 19 U.S.C. §1304. Whether merchandise may be marked as “Made in USA” is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that merchandise is made in the U.S.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. Part 181).

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 Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski

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