THE COUNTRY OF ORIGIN MARKING OF ORGANIC EXTRA VIRGIN OLIVE OIL SPRAY

N321528 October 5, 2021 MAR-2 OT:RR:NC:N2:231 CATEGORY: MARKING Mr. Jose Cantu Laredo Customs House Brokers 805 Union Pacific Boulevard Laredo, TX 78045 RE: THE COUNTRY OF ORIGIN MARKING OF ORGANIC EXTRA VIRGIN OLIVE OIL SPRAY Dear Mr. Cantu: This is in response to your letter dated September 10, 2021, requesting a ruling on whether certain proposed marking represents acceptable country of origin marking for imported spray cans of extra virgin olive oil. Your letter was submitted on behalf of your client, Maeva USA Inc. (Philadelphia, PA). The olive oils, from multiple countries, are sent to Mexico where they are filled into aluminum aerosol cans then labeled prior to the importation to the United States. Images of a proposed printed label and of a printed metal can end were submitted with your letter for review. The label under review is intended to encircle a 4.8-ounce can of “Trader Joe’s® Organic Extra Olive Oil Spray” for individual retail sale. In pertinent part, the label bears a statement indicating that the product at issue is “distributed and sold exclusively by Trader Joe’s, Monrovia, CA 91016” followed by the words “BEST BY AND COUNTRY OF ORIGIN: SEE BOTTOM OF CAN.” All of the foregoing product information and use instructions printed in other sections of the label are in medium size font while the direction to locate the country of origin is in large size, bold font. The bottom end of the can, in turn, along with the “best by” date, is printed in a reasonably legible manner, and in indelible ink, with the words “Product of Portugal and Morocco.” You also confirmed that the olive oil may be produced with olives from additional countries namely Greece, Italy, Spain and Tunisia. 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 purpose of the marking statute is outlined in United States v. Frielaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." When a foreign import is marked with both a domestic U.S. address and the foreign country of origin, the special marking rules of 19 CFR §134.46, CBP Regulations are initiated. Section 134.46 provides as follows: In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. The marking rules generally prohibit disjunctive marking statements such as “Made in Canada or USA” or “See bottom of can for actual country of origin” because such statements do not actually indicate the actual country of origin as required by 19 USC 1304. However, CBP has allowed disjunctive marking in instances whereby the marking statement “see bottom of can for country of origin” was in bolden text and identical font as the distributor’s information. Regarding the merchandise at issue, the ultimate purchaser is directed to see the country of origin printed on the bottom of the spray can, and the country of origin is preceded by the words, “Product of”, we find that the requirements of 19 CFR 134.46 is satisfied. 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