The tariff classification and country of origin of blended products from Canada; Article 509

N238112 March 4, 2013 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1904.90.0140 Ms. Trina Purcka Dainty Foods 725 Broadway Street Windsor, Ontario N9C 0C1 Canada RE: The tariff classification and country of origin of blended products from Canada; Article 509 Dear Ms. Purcka: In your letter dated February 4, 2013, you requested a ruling on classification, and country of origin of blend products from Canada under the NAFTA. Ingredients breakdowns for two products accompanied your inquiry. Additional information was provided in the email transmissions dated February 20, and February 25, 2013. Dainty’s Time-Wise Brown Parboiled Rice with Pearled Barley, and Spelt is a dry blend of 40 percent Time-Wise brown “parboil rice” (as you stated in a telephone conversation on February 21, 2013 that the “parboil rice” has also been partially pre-cooked, which was explained in New York ruling N074420), 40 percent raw pearled barley, and 20 percent raw spelt. Dainty’s Time-Wise Brown Parboiled Rice with Pearled Barley, Green Lentils and Red Quinoa is a dry blend of 55 percent Time-Wise brown “parboil rice”, the same kind of rice mentioned in the previous blend , 25 percent raw pearled barley, 16 percent raw green lentils, and 4 percent raw red quinoa. The Time-Wise brown “parboil rice” is a product of Canada. The pearled barley, the spelt, and the green lentils are products of the United States. The red quinoa is a product of Peru. In Canada, the ingredients are blended. The applicable subheading for the two blend products will be 1904.90.0140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cereals (other than corn (maize)) in grain form, … pre-cooked or otherwise prepared, not elsewhere specified or included … other … other. The general rate of duty will be 14 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. 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. Section 134.45(a)(2) of the regulations, provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish. 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. 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 Dainty’s Time-Wise Brown Parboiled Rice with Pearled Barley, and Spelt, and Dainty’s Time-Wise Brown Parboiled Rice with Pearled Barley, Green Lentils and Red Quinoa are products of Canada for marking purposes. 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 181 of the Customs Regulations (19 C.F.R. 181). 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