The Country of Origin Marking of a Chocolate Protein Bar

N252458 May 7, 2014 MAR-2-:OT:RR:NC:232 CATEGORY: Marking Mr. Solomon S. Abady Abady Law Firm, P.C. 244 5th Avenue Suite 280S New York, New York 10001 RE: The Country of Origin Marking of a Chocolate Protein Bar Dear Mr. Abady: This is in response to your letter dated April 14, 2014, requesting a ruling on whether your proposed marking described below is an acceptable country of origin marking for a protein bar. A marked sample was not submitted with your letter for review. In your letter, you proposed that the product, a chocolate protein bar would be marked with the words “Made in Croatia”. You also proposed that we review the following: “Made in Croatia (European Union)”, “Made in Croatia (EU)” and “Made in Croatia (member of the European Union)”. You asked whether or not this proposed marking would be acceptable. 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. The proposed marking with the words “Made in Croatia”, if placed on the immediate outer wrapper or packaging of the chocolate protein bar in a conspicuous place would be considered an acceptable marking and meet the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. You also proposed marking the product: “Made in Croatia (European Union)”, “Made in Croatia (EU)” and “Made in Croatia (member of the European Union)”. This proposed marking is not an acceptable country of origin marking under 19 U.S.C. 1304 and 19 CFR part 134 because “European Union” or the abbreviation “EU” is not a country of origin and cannot be used for marking purposes (whether or not in parentheses). 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 Frank Troise at (646) 733-3031 or by email address: Frank.L.Troise@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division