THE COUNTRY OF ORIGIN MARKING OF VARIOUS OLIVE OIL TIN CANS

N130295 November 24, 2010 MAR-2 OT:RR:NC:2:235 CATEGORY: MARKING Mr. Kevin Maher C-Air Customhouse Brokers 181 S. Franklin Avenue Valley Stream, N.Y. 11581 RE: THE COUNTRY OF ORIGIN MARKING OF VARIOUS OLIVE OIL TIN CANS Dear Mr. Maher: This is in response to your letter dated October 21, 2010 requesting a country of origin marking ruling on behalf of your client, Umbria Olli International SRL. You submitted three empty tin cans of different types of Olive Oil for our review. The samples will be retained by this office for reference. The subject products, three gallon sized tin cans consist of an Extra Virgin Olive Oil, an Olive Oil and an Olive Pomace Oil. Each tin can contains the English name of the product displayed on the front of the tin can, and the Italian name on the opposite side. The front of the tin can prominently displays the Company Name “Arrezzio®” in large lettering above the wording indicating the type of oil. It must be noted that both the front of the tin can and the back of the tin can be interchangeably displayed as facing forward and therefore can serve as the front of the can. One side of the can contains the ingredients and nutritional labels with the words “Imported From Italy” prominently displayed about 1 ½ inches from the top. Towards the bottom of the same side is the statement “Product contains select high quality Extra Virgin Olive Oils from the countries indicated by the letters printed on top of the lid: I=Italy E=Spain GR=Greece, TU=Tunisia, TR= Turkey. The type of oil listed in this statement is changed on each tin and is dependant upon the type of oil the tin can contains. The opposite side has the wording Importato Dall ‘Italia at the top with a bar code at the bottom. In addition, the top of the Extra Virgin Olive Oil tin can has the words “Product of Spain and Tunisa” stamped in small but legible black ink. The Olive Pomace Oil and the Olive Oil tin cans also contain the words “Product of Italy” stamped in a similar manner. The typeface of the lettering “Product of” is much smaller and far less prominent that the lettering of “Imported From”. 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. It is the opinion of this office that the lettering at the base of the side of the tin cans which contains the statement “indicated by the letters printed on the lid” implies marking that would not satisfy the marking requirements. In addition, the statement “Imported from Italy” being prominently displayed in a more readily seen area of the can, and consisting of a much larger typeface would potentially be confusing to the ultimate purchaser of the product. The proposed marking of imported Extra Virgin Olive Oil, Olive Oil and Olive Pomace Oil, as described above, is although legibly and permanently marked, it is not conspicuous, and therefore not marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It will not be considered as an acceptable country of origin marking for the various imported Olive Oil tin cans. 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division