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NY L82590

March 7, 2005

CLA-2-21:RR:NC:N2:228 L82590


TARIFF NO.: 2103.90.9091

Mr. Roy Scott
HomeLand Distributors, LLC
P.O. Box 867448
Plano, TX 75086

RE: The tariff classification and country of origin marking of sauces from Kenya

Dear Mr. Scott:

In your letter dated January 24, 2005 you requested a tariff classification and country of origin marking ruling. Your letter was received by this office on February 11, 2005.

Three samples were submitted with your letter. The products are Pili-Pili brand prepared sauces, packed for retail sale in plastic bottles containing 8 fluid ounces. Hot and Sweet Sauce is composed of tomato paste, water, chili powder, sugar, vinegar, salt, citric acid, xanthan gum, spices, color, and sodium benzoate. Chili Sauce is consists of chili peppers, salt, vinegar, xanthan gum, color, and sodium benzoate. Hot Sauce is made from chili pepper paste, vinegar, salt, xanthan gum, color, and sodium benzoate. The sauces are produced in Kenya and all ingredients are goods of Kenya.

The applicable subheading for these three sauces will be 2103.90.9091, Harmonized Tariff Schedule of the United States (HTS), which provides for sauces and preparations thereforotherotherother. The duty rate will be 6.4 percent ad valorem.

Articles classifiable under subheading 2103.90.9091, HTS, which are products of Kenya may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Applying the Marking Rules set forth in section 134 of the regulations to the facts of this case, we find that the sauces are products of Kenya for marking purposes. The samples, marked “Product of Kenya” on the side panel of the label, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

The samples are being returned to you, as requested.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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