CLA-2-23:S:N:N7:231 802662
Ms. Ann Williams
A.N. Deringer, Inc.
173 West Service Road
Champlain, NY 12919
RE: The tariff classification and status under the North American
Free Trade Agreement (NAFTA) of fish food from Canada; Article
509
Dear Ms. Williams:
In your letter, dated October 17, 1994, on behalf of your
client, Poissons Tropicaux GRYD, Inc., Lachine, Quebec, you
requested a ruling on the
status of fish food from Canada under the NAFTA.
The submitted samples are krill plankton fish food and calanus plankton
fish food. The plankton is derived from Canadian waters, and then it is
freeze dried. All of the processing and manufacturing of the finished
products will be done in Canada.
The applicable tariff provision for the krill plankton fish food and the
calanus plankton fish food will be 2309.90.9500, HTS, which provides for
preparations of a kind used in animal feeding, other, other, other, other,
other. The general rate of duty will be 3 percent ad valorem.
The krill plankton fish food and the calanus plankton fish food, being
wholly obtained or produced entirely in the territory of Canada, will meet
the requirements of HTSUSA General Note 12(b)(i), and will therefore be
entitled to a free rate of duty under the NAFTA upon compliance with all
applicable laws, regulations, and agreements.
Information regarding applicable regulations administered by the U.S.
Food and Drug Administration (including packaging and labeling requirements)
may be addressed to that agency at the following location:
U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204
You have inquired as to the country of origin marking requirements for
imported fish food which is claimed to be a product of a NAFTA country. A
marked sample was submitted with your letter for review.
The marking statute, Section 304, Tariff Act of 1930, as Amended (19 USC
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, Customs Regulations (19 CFR Part 134) implements the
country of origin marking requirements and exceptions of 19 USC 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.
Section 134.45 (a)(2) of the interim 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.
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
This ruling letter is binding only as to the party to whom it is issued
and may be relied on only by that party.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport