NY L89216 - COUNTRY OF ORIGIN MARKING OF SEASONINGS; ARTICLE 509 - United States International Trade Commision Rulings

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NY L89216

December 14, 2005

MAR-2 RR:NC:N2:228 L89216

CATEGORY: MARKING

Ms. Sandra Ellis
Gourmet du Village
539 Village, Morin Heights
Quebec, Canada J0R 1H0

RE: COUNTRY OF ORIGIN MARKING OF SEASONINGS; ARTICLE 509

Dear Ms. Ellis:

This is in response to your letter dated November 9, 2005 requesting a ruling on the country of origin marking requirements for three seasonings. A picture of one of the products was submitted for review.

Spicy Sea Salt is composed of 90 percent sea salt, and 10 percent herbs, spices, garlic, onion, parsley, and vegetable oil. Provencal Sea Salt is composed of 95.5 percent sea salt, and 4.5 percent herbs, spices, garlic, vegetable oil, and lavender. Tuscan Sea Salt contains 95.25 percent sea salt, and 4.75 percent herbs, spices, garlic, and vegetable oil. The salt is a product of Israel and the balance of the ingredients is from several non-specified countries. In Canada the ingredients are combined and packed in glass jars having bail and trigger closures.

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, 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.

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 Spicy Sea Salt, Provencal Sea Salt, and Tuscan Sea Salt seasonings are goods of Canada for marking purposes.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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