Country of Origin Marking of fire logs

N236777 January 25, 2013 CLA-2-44:OT:RR:NC:2:230 CATEGORY: MARKING Ms. Amy Johannesen Cerny Associates, P.C. 24 Smith Street Building 2, Suite 102 Pawling, NY 12564 RE: Country of Origin Marking of fire logs Dear Ms. Johannesen: This is in response to your letter, dated December 20, 2012, requesting a ruling on behalf of your client, Hearthmark LLC dba Jarden Home Brands, on the country of origin marking of fire logs manufactured in Canada. You outline a scenario wherein: 1) Canadian and US-origin petroleum-based waxes and Canadian-origin molasses are warmed; 2) waxes, molasses, and US-origin coffee grounds or Canadian-origin sawdust are mixed to form the fire log material; 3) the fire log material is extruded and cut to length; 4) and the logs are packaged for sale. It should be noted that, in this ruling, we will only address the fire logs manufactured from Canadian-origin sawdust. There is not enough information provided to address the marking of the logs composed of coffee grounds. As coffee is not a crop cultivated in the US, it is unlikely that the coffee grounds are of US origin. Furthermore, fire logs composed of coffee grounds are not classifiable within heading 4401 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides only for logs composed of agglomerated sawdust. You are welcome to submit a separate ruling request for this product at a later date. While we agree that the country of origin of the sawdust fire logs is Canada, we do not agree with your argument that the proper marking of this product is “Assembled in Canada of USA and Canadian Components” in accordance with Section 134.43(e) of the Customs Regulations (19 CFR 134.43(e)). Section 10.16(a) of the Customs Regulations (19 CFR 10.16(a)) describes assembly operations performed abroad as consisting of “any method used to join or fit together solid components, such as welding, soldering,…” The Section goes on to explain that “(t)he mixing or combining of liquids, gases, chemicals, food ingredients, and amorphous solids with each other or with solid components is not regarded as an assembly.” You clearly explain in your letter that the amorphous components of the fire logs are mixed together and extruded. As such, the components are not assembled and the final product therefore cannot be marked “Assembled in Canada of USA and Canadian Components”. The correct marking of the fire logs, in accordance with 19 CFR 134, is “Made in Canada”, “Product of Canada”, or other equivalent alternative. 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 Laurel Duvall at (646) 733-3035. Sincerely, Thomas J. Russo Director National Commodity Specialist Division