The country of origin of Seeds & Beans Mix from Canada; Article 509

N267452 August 24, 2015 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Origin Mr. Philippe Gregoire Laboratoires C.O.P. Inc. 60 Jean-Proulx Street Gatineau, Quebec, J8Z 1W1 Canada RE: The country of origin of Seeds & Beans Mix from Canada; Article 509 Dear Mr. Gregoire: In your letter dated August 6, 2015, you requested a country of origin ruling on Seeds & Beans Mix from Canada under the North American Free Trade Agreement (NAFTA). An ingredients breakdown, process flow diagram, image of the product, and preliminary labelling sheet were submitted with your letter. Ideal Protein brand Seeds & Beans Mix will be marketed as a snack, composed of pumpkin seed kernel (the raw seeds are shelled), honey flavored soybeans (soybeans, sugar, sunflower oil, honey, salt, maltodextrin, and xanthan gum), and tamari flavored chickpeas (chickpeas, canola and/or safflower oil, tamari soy sauce, salt, maltodextrin, spices, sugar, garlic and onion powder, vinegar powder, cayenne pepper sauce powder, citric acid and malic acid). The product is packed in a sealed plastic packet of 39 grams, seven packets per retail box. The pumpkin seed kernels are a product of China. The honey flavored soybeans and tamari flavored chickpeas are produced in the United States. The three ingredients are blended in Canada according to specific percentages. The classification of the Seeds & Beans Mix has been addressed in our ruling letter N266303, dated July 16, 2015. 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, CBP Regulations (19 C.F.R. 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 CBP Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, CBP Regulations. The marking requirements of these goods are set forth in Part 134, CBP 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. 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 the country of origin of the Seeds & Beans Mix for marking purposes is the United States. The country of origin for Customs duty purposes will be Canada. Products of the United States are not subject to the country of origin marking requirements of 19 U.S.C. 1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you direct any questions on this issue to the FTC. 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 bruce.hadleyjr@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division