COUNTRY OF ORIGIN MARKING OF IMPORTED VODKA

NY R01652 April 5, 2005 MAR-2 RR:NC:SP:232 R01652 CATEGORY: MARKING Mr. Robert A. Milne Milne & Smith, LLC 306 Alcazar Avenue, Suite 301 Coral Gables, Florida 33141 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED VODKA Dear Mr. Milne: This is in response to your letter dated March 21, 2005, on behalf of William Grant & Sons Ltd., requesting a ruling on whether imported “Reyka” vodka may be marked “Product of Iceland” for country of origin purposes. A marked sample was not submitted with your letter for review. The subject merchandise consists “Reyka” vodka and “Reyka” flavored vodka imported from Iceland into the United States. You indicate that William Grant and Sons Ltd. will purchase grain from the United Kingdom and barley from Iceland, which will be fermented and distilled in Scotland to produce a 96 percent alcohol by volume raw spirit. This raw alcohol spirit will be shipped to Iceland, where it will be diluted with water to 80 percent alcohol by volume. The 80 percent alcohol will be heated and transferred to a still where it will be distilled for five hours. The distillation process will concentrate volatile impurities, such as methanol, allowing them to accumulate in the head of the still. This vapor steam will pass over lava that is held in a copper botanicals box in the still apparatus. The vapor steam, rich in methanol, will pass to a copper condenser, where the alcohol vapor is cooled and condensed back to a liquid. The alcohol stream will then be filtered over a bed of Icelandic lava rocks before passing to the foreshots, spirit and feints receiver vessels. The foreshots distillate will not be used in the vodka product. A rounding agent will be added to improve the vodka’s organoleptic properties, and the product will be diluted with water to 40 percent alcohol by volume. “Reyka” flavored vodka is produced by adding the fruit required for the particular flavor to the lava in the copper botanicals box. The fruits will be imported into Iceland, and will include natural dried fruits or berries, such as, lemon peels, orange peels, raspberries, etc. The vodkas will be bottled in 5 centiliter and 75 centiliter bottles. 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. In this case, the imported “Reyka” vodka and “Reyka” flavored vodka are substantially transformed as a result of the processing in Iceland, and therefore the vodka may be marked “Product of Iceland” for country of origin marking purposes. 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 telephone number (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 John Maria at 646-733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division