CLA-2-7:OT:RR:NC:2:228
Ms. Elizabeth Morris
Rogers & Brown
2 Cumberland Street
P.O. Box 20160
Charleston, SC 29413-0160
RE: The tariff classification and country of origin marking of food products from China
Dear Ms. Morris:
In your letters dated June 18, 2010 and July 27, 2010, on behalf of Greenwave Foods, Houston, TX, you requested a tariff classification and country of origin marking ruling.
The products are described as freeze dried soybeans, sweet corn, and a blend of soybeans, sweet corn, and bell pepper. The production process begins with blanching the soybeans and vegetables, followed by soaking the corn and bell peppers in salt, refreezing, and transferring to the freeze-drying apparatus. The soybeans may be freeze dried without soaking, or soaked in a mixture of salt and autolyzed yeast extract prior refreezing and freeze drying. After drying, the corn will be packed into bags holding 17 grams, net weight. The dried soybeans may be packed in bags holding 20 grams, net weight, without further processing (“naked”) or flavored by the addition of oil and a spice mixture, and oven dried, prior to packaging in 20-gram bags. The dried, flavored soybeans will also be included in a mixture comprised of 55 percent soybeans, 40 percent sweet corn, and 5 percent bell peppers, packaged in 19-gram bags.
The soybeans, corn, and peppers are products of China. The oil and spices will be products of the United States, and the salt may be a product of the United States or China.
The applicable subheading for the freeze dried corn will be 0712.90.8580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables…other. The rate of duty will be 8.3 percent ad valorem.
The applicable subheading for the freeze dried soybeans and the mixture of freeze dried soybeans, sweet corn, and bell pepper will be 2008.99.6100, HTSUS, which provides for other edible parts of plants, otherwise prepared or preserved…other…other… soybeans. The rate of duty will be 3.8 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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.
Applying the Marking Rules set forth in section 304 of the Tariff Act of 1930, as amended and section 134 of the Customs Regulations, we find that the freeze dried corn, freeze dried soybeans, and freeze dried mixture of soybeans, corn, and bell pepper are goods of China for 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
These products may also be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies for further information.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division