THE COUNTRY OF ORIGIN MARKING OF CRACKER CRISPS FROM GERMANY

N148218 February 23, 2011 MAR-2 OT:RR:NC:2:228 CATEGORY: MARKING Ms. Margaret Eckert Eurofoods Regulatory Advisors, LLC 42 Lehigh Lane Hicksville, NY 11801 RE: THE COUNTRY OF ORIGIN MARKING OF CRACKER CRISPS FROM GERMANY Dear Ms. Eckert: This is in response to your letter dated February 9, 2011, requesting a ruling on whether the proposed marking of sour cream & onion flavor cracker crisps is an acceptable country of origin marking. An image of the back panel of a filled package and artwork layout for the complete package were submitted with your letter for review. Additional information was received via email on February 11, 2011. The package is a sealed pouch consisting of four printed panels. The front panel contains, from top to bottom, a narrow box with information regarding fat content and the absence of artificial preservatives, the brand (Fit & Active), the product name (Sour Cream & Onion Flavor Cracker Crisps), an illustration of the product, the UPC bar code, net weight of the package, and “Fit Facts” information. The upper portion of the back panel presents the same information as the front panel – fat content and product name. Below the product name are three columns of information. The column on the left displays the “best before” date, a product code, the country of origin - “MADE IN GERMANY” in black, upper case type, and the UPC code at the bottom. The center and part of the right column contains the “Nutrition Facts” box. The remainder of the right column contains the ingredients statement, the U.S. distributer’s name and address, and a “100% satisfaction guaranteed” box. The U.S. distributer’s name and address are printed using a different, but much smaller font than the “MADE IN GERMANY” statement found in the left column. The information appearing on the side panels includes the brand, the product name, an image of the product, a UPC bar code, “Fit Facts” and “Nutrition Facts” information. 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. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality or other than the actual country of origin appears. The proposed retail packaging of the sour cream & onion flavor cracker crisps, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is an acceptable country of origin marking for the imported sour cream & onion flavor cracker crisps. 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