COUNTRY OF ORIGIN MARKING OF SALAD DRESSINGS

N098724 April 14, 2010 MAR-2 OT:RR:NC:2:228 CATEGORY: MARKING Ms. Maggie Smith Ranney L.E. Coppersmith, Inc. 525 S. Douglas Street El Segundo, CA 90245 RE: COUNTRY OF ORIGIN MARKING OF SALAD DRESSINGS Dear Ms. Smith Ranney: This is in response to your letter dated March 23, 2010, on behalf of Borges USA, Inc., requesting a ruling on the country of origin of salad dressings produced in the United States. Ingredients lists for six products were submitted with your letter. Borges USA will produce six different salad dressings in the United States using domestic and imported ingredients. The imported ingredients will be sunflower oil and red color (the Netherlands), sugar and sugar cane juice (Paraguay), black pepper (Sri Lanka), paprika (Israel), capers and minced Kalamata olives (Turkey), corn starch (Austria), crushed red chilies (India), minced basil and parsley flakes (Egypt), citric acid (Brazil), garlic powder, dehydrated and granulated garlic, red and green bell pepper (China), and balsamic vinegar (Italy). The finished salad dressings will be packed in glass or plastic bottles of Chinese origin. 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. 19 CFR 134.1(b) defines “country of origin” as “the country of manufacture, production, or growth of any article of foreign origin entering the United States. 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 the meaning of this part…” An article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed. U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940). Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. In this case, the imported ingredients are substantially transformed as a result of the processing in the United States. The finished salad dressings are products of the United States. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division