THE COUNTRY OF ORIGIN MARKING OF BLACK AND RAINBOW PEPPERCORN

N323822 February 22, 2022 MAR-2:OT:RR:NC:N2:231 CATEGORY: MARKING Mr. Ricardo Moretti Cape Herb & Spice 50 Bell Crescent Tokai, 7945 Westlake Business Park Cape Town, South Africa RE: THE COUNTRY OF ORIGIN MARKING OF BLACK AND RAINBOW PEPPERCORN Dear Mr. Moretti: This is in response to your letter dated January 21, 2022, requesting a country of origin marking determination for Whole Black Peppercorn and Rainbow Peppercorn. This ruling request is in response to the rejection of N323358. You did not submit a marked physical sample. A pictorial representation of both products was submitted with your letter for review. The first product is Whole Black Peppercorn. You state that this product is grown and harvested in Brazil, India, Malaysia and Vietnam. In Vietnam, the product is screened, sieved, metal detected, cleaned, steamed, sterilized, packed and shipped to South Africa in bulk quantities. The second product is Rainbow Peppercorn which is composed of a blend of black, white, green and pink whole peppercorn. You state that the black peppercorn is grown and harvested in Brazil, India, Malaysia and Vietnam. The white peppercorn is grown and harvested in India, Malaysia and Vietnam. The pink peppercorn is grown and harvested in Brazil. The green peppercorn is grown and harvested in India. The black and white peppercorn are sorted, cleaned, washed, dried, sieved, metal detected and packed in Vietnam. The pink peppercorn is sorted, cleaned, washed, dried, sieved, metal detected and packed in Brazil. The green peppercorn is, chilled, sorted, peeled, cut, washed, blast frozen, sieved, sorted, metal detected and parked in India. The four different peppercorn products will be shipped in bulk quantities to South Africa where they are blended to create the “rainbow” effect. In the latter country, the Whole Black Peppercorn and Rainbow Peppercorn will be unpacked and sorted to eliminate foreign materials then packed into retail sized disposable glass bottles with a grinder cap and holding a net weight of 1.8 ounces. 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. You did not provide the actual labels that will be utilized to mark the intended import; however, you did present a pictorial representation of the products with labels affixed to the retail sized disposable glass bottles. The labels appear permanently affixed and the bottles are encased in clear plastic wrapping. You state that the full product label will be wrapped around the bottle using an automated labelling machine in your production facility. The “best before” information will be applied to each bottle using an automated inkjet printer which is present on the production line conveyer belt. The marking of the imported retailed sized containers of the Whole Black Peppercorn and Rainbow Peppercorn must be legible and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 as described above. You mentioned in your e-mail dated February 18, 2022, that currently the label for the Whole Black Peppercorn states “Product of Vietnam.” Based on the submitted information described above, the label on the finished product, Whole Black Peppercorn, should state “Product of Brazil, India, Malaysia and Vietnam. Packed in South Africa.” This office notes that as pictured in your submission, Vietnam is omitted on the label for the Rainbow Peppercorn. The label on the finished product, Rainbow Peppercorn, should state “Product of Brazil, India, Malaysia and Vietnam. Packed in South Africa.” Determinations regarding the acceptability of other aspects of the proposed labeling, such as product identification and terminology, use of foreign languages, and nutritional information, are under the jurisdiction of the U.S. Food and Drug Administration (FDA). We suggest that you contact that agency for further guidance. You may contact the FDA at either of the following locations: Food and Drug Administration 10903 New Hampshire Ave. Silver Spring, MD 20993-0002 Telephone: 1-888-463-6332 Website: www.fda.gov Division of Import Operations & Policy Food and Drug Administration 5600 Fishers Lane Rockville, MD 20857 Telephone: (301) 443-6553 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