THE COUNTRY OF ORIGIN MARKING OF A TRAIL MIX

N250884 March 24, 2014 MAR-2 OT:RR:NC:N2:228 CATEGORY: MARKING Ms. Elizabeth Hill Ocean Spray International Services, Inc. 1 Ocean Spray Drive Lakeville, MA 02349 RE: THE COUNTRY OF ORIGIN MARKING OF A TRAIL MIX Dear Ms. Hill: This is in response to your letter dated February 27, 2014 requesting a ruling on whether the country of origin marking is required for a trail mix product. A marked sample was not submitted with your letter for review. You state that a trail mix product is blended and packaged in the United States with ingredients from varying origins. One example of the trial mix and country of origin of each ingredient were provided. Dried cranberries are a product of the United States. Banana Chips are a product of Philippines. Coconut and dehydrated pineapple are products of Thailand. Cashew nuts are a product of India, Brazil, or Vietnam. The cashew nuts are oil roasted 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. Section 134.1(b), U.S. Customs and Border Protection (CBP) Regulations (19 C.F.R. 134.1(b)), defines “country of origin” as: [T]he country of manufacture, production, or growth of any article of foreign origin entering the United States. 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 the meaning of this part. . . . A substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. United States v. Gibson-Thomsen Co., Inc., 27 CCPA 267, C.A.D. 98 (1940); National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F. 2d 1201 (Fed. Cir. 1993). However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983). As provided in section 134.41(b), CBP Regulations (19 C.F.R. 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. In section 134.1(k), CBP Regulations (19 C.F.R. 134.1(k)), “Conspicuous” means capable of being easily seen with normal handling of the article or container. With regard to the permanency of a marking, section 134.41(a), CBP Regulations (19 C.F.R. 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, CBP Regulations (19 C.F.R. 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. In this case, we find that the oil roasting of cashew nuts does not constitute a substantial transformation of the raw cashew nuts into a new or different article of commerce. Merely mixing dried cranberries, banana chips, coconut, dehydrated pineapple, and roasted cashew nuts together into a trail mix is not considered as a substantial transformation. Each commodity is not transformed into a different article of commerce with a new name, character or use merely by the act of mixing with the other. Each commodity maintains its original identity after mixture. Applying the Marking Rules set forth in section 304 of the Tariff Act of 1930, as amended and Part 134 of the CBP Regulations, we find that the countries of origin of the trial mix are the United States, Philippines, Thailand, and India (or Brazil or Vietnam depending on the country of origin of raw cashew nuts). Goods of U.S. origin are excepted from the country of origin marking requirements of 19 U.S.C. 1304. Thus, it would be acceptable for the packaging to be marked to indicate only that the mix is a product of Philippines, Thailand, and India (or Brazil or Vietnam depending on the country of origin of raw cashew nuts). However, if you also wish to identify the U.S. origin of the dried cranberries, CBP would have no objection to a marking such as “Product of U.S.A., Philippines, Thailand, and India”. In this regard, it should be noted that the marking of articles in whole or in part as “Product of U.S.A.” is a matter within the jurisdiction of the Federal Trade Commission (FTC) and we suggest that you contact that agency for a determination. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division