The tariff classification of a satay kit from the Netherlands

N231081 August 30, 2012 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2103.90.9091 Ms. Diane Richter World Finer Foods, Inc. 1455 Broad Street 4th floor Bloomfield, NJ 07003 RE: The tariff classification of a satay kit from the Netherlands Dear Ms. Richter: In your letter dated August 10, 2012, you requested a tariff classification ruling. A prototype sample and ingredients list accompanied your letter. The sample was examined and disposed of. The “GO TAN” brand Indonesian Satay Kit is comprised of a pouch of satay sauce, a packet of marinade, and 20 bamboo skewers measuring approximately 7 inches in a self-adhesive plastic bag, put up together for retail sale in a rectangular cardboard box containing 12.7 ounces (360 grams), net weight. The marinade is a dark-colored liquid consisting of water, molasses, soy sauce, modified corn starch, salt, caramel color, citric acid, ammonium chloride, garlic, star anise, spices, sorbic acid and sodium benzoate. The satay sauce is a brown-colored, paste like product, composed of water, peanuts, sugar, molasses, modified corn starch, salt, spices, soy sauce, lactic acid, caramel color, sodium benzoate, potassium sorbate, mono-and diglycerides, and ammonium chloride. The skewers are made in China. The marinade and satay sauce are products of the Netherlands. The kits are assembled in the Netherlands. The label instructions for the preparation of the 20 satay sticks direct the consumer to dice 18-ounce chicken fillets (can use pork or beef instead) into ½ inches, add the marinade to the diced meat, mix and leave for 1 hour in the refrigerator, thread the marinated meat evenly on the skewers (after the skewers have soaked in water for 15 minutes), grill the satay on a barbecue, grill or grill pan, warm up the satay sauce, and serve the cooked satay with the warmed sauce. The satay kit is put up for retail sale and designed for one time use. Each item in the kit is measured to prepare 20 Indonesian satay sticks. The kit will be classified as a set, whose essential character is imparted by the satay sauce. The applicable subheading for the satay kit will be 2103.90.9091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sauces and preparations therefore … other … other … other. The rate of duty will be 6.4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/. 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. 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; 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 location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, 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 sample you submitted does not appear to be properly marked with the countries of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division