THE COUNTRY OF ORIGIN MARKING OF COCKTAIL CLAWS AND CRABMEAT

N300748 October 17, 2018 MAR-2 OT:RR:NC:N2:231 CATEGORY: MARKING Ms. Mioka Casaba Seattle Shrimp & Seafood 801 S Fidalgo Street Suite 110 Seattle, WA 98108 RE: THE COUNTRY OF ORIGIN MARKING OF COCKTAIL CLAWS AND CRABMEAT Dear Ms. Casaba: This is in response to your letter dated September 21, 2018 requesting a ruling on the country of origin marking for imported Cocktail Claws and Crabmeat. A marked sample or product label was not submitted with your letter for review. You have outlined two scenarios pertaining to two crabmeat products derived from Jonah crabs. In the first scenario, Jonah crabs are caught in the United States, shipped to Canada where they are cooked, sectioned and frozen. The product is then shipped to China to have the claws separated from the sectioned pieces. The shell of each claw is scored and a portion of the shell is removed, the exposed meat remains held by the pincer thereby creating the “cocktail claw.” In the second scenario, Jonah crabs are caught in the United States, shipped to Canada where they are cooked, sectioned and frozen. The product is then shipped to China to be shelled to make crabmeat. You state that both items are subsequently returned in a frozen state to the United States packed in 2-pound plastic bags at 10 bags per master case. 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. Part 134, CBP Regulations (19 C.F.R. §134) implements the country of origin marking requirements of 19 U.S.C. §1304. 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 [the marking regulations]… 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). In the case of the cocktail claws, this office finds that the Jonah crabs are not substantially transformed as a result of the processing in China. Accordingly, based on the information presented, the packages of finished cocktail claws are products of the United States for CBP marking purposes. Thus, since the packages of finished cocktail claws are not considered “foreign” products, they are not required to be marked with their country of origin for CBP purposes. The question of whether their labeling may consist of or include the phrase “Product of USA” is under the jurisdiction of the Federal Trade Commission (FTC), which may be contacted for advice at 1700 Pennsylvania Avenue, N.W., Washington, D.C. 20006. In the case of the crabmeat, this office finds that the Jonah crabs are substantially transformed as a result of the processing in China, and that therefore the country of origin of the crabmeat as imported into the United States is China. The packages should be marked accordingly, e.g., “Product of China” or “Made in China.” Please note that seafood is subject to the Mandatory Country of Origin Labeling (“COOL”) requirements administered by the USDA’s Agricultural Marketing Service (AMS), we advise you to check with that agency for their further guidance on your scenario. Contact information for AMS is as follows: USDA-AMS-LS-SAT Room 2607-S, Stop 0254 1400 Independence Avenue, SW Washington, DC 20250-0254 Tel. (202) 720-4486 Website: www.ams.usda.gov/COOL Email address for inquiries: COOL@usda.gov 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 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 Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division