THE COUNTRY OF ORIGIN MARKING OF SEMI-SWEET CHOCOLATE CHUNKS

N145125 February 25, 2011 MAR-2 OT:RR:NC:232 CATEGORY: MARKING Ms. Sherri Comeau Barry Callebaut 2950 Nelson Street St–Hyacinthe, Quebec J2S1Y7 Canada RE: THE COUNTRY OF ORIGIN MARKING OF SEMI-SWEET CHOCOLATE CHUNKS Dear Ms. Comeau: In your letter dated January 25, 2011, you requested a ruling concerning the country of origin marking requirements for chocolate chunks. The subject merchandise is described as Semi-sweet chocolate chunks (Item # CHD-CI-6006802-A99) produced in the Barry Callebaut facility in Canada and bulk shipped to the Barry Callebaut facility in St. Albans, Vermont. The bulk Semi-sweet chocolate chunks will then be repacked into 12-ounce bags put up for retail sale in the United States. 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. 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. 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 Semi-sweet Chocolate Chunks, made in Canada, imported into the United States in bulk and subsequently repacked for retail sale, remains a good of Canada, for marking purposes noting the requirements in Section 102.17(c). 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 Frank Troise at (646) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division