THE COUNTRY OF ORIGIN MARKING OF A DIETARY SUPPLEMENT; ARTICLE 509

N099875 April 9, 2010 MAR-2 OT:RR:NC:2:228 CATEGORY: MARKING Mr. James Mince John S. James Co. 4777 Aviation Blvd. Atlanta, GA 30349 RE: THE COUNTRY OF ORIGIN MARKING OF A DIETARY SUPPLEMENT; ARTICLE 509 Dear Mr. Mince: This is in response to your letter dated April 1, 2010, on behalf of Vitamin Angels, Santa Barbara, CA, requesting a ruling the country of origin marking of a dietary supplement. A marked sample was not submitted with your letter for review. The products are high-dose Vitamin A softgel capsules, 200,000 iu, 100,000 iu, and 50,000 iu, imported from Canada. Ingredients common to all capsules are Vitamin A palmitate, gelatin, glycerin, sorbitol, vanillin, white Rnd HDPE, white pp cap, water, and titanium dioxide. The 200,000 iu capsule also contains Ponceau 4R red and quinoline yellow, the 100,000 iu capsule contains FD&C blue and soybean oil, and the 50,000 iu capsule contains FD yellow #5 and soybean oil. The water, titanium dioxide, and White Rnd HDPE are products of Canada. The glycerin, sorbitol, soybean oil, quinoline yellow, FD&C blue, FD yellow #5, vanillin, and white pp cap are products of the United States, the gelatin is a product of India, and the Vitamin A palmitate is a product of Germany. The ingredients are blended, encapsulated, and bottled in Canada. 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 134.45(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.” 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. 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 NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported Vitamin A capsules 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 National Commodity Specialist Division