CLA-2-19:OT:RR:NC:N2:228
Ms. Margaret Eckert
Eurofoods Regulatory Advisors, LLC
42 Lehigh Lane
Hicksville, NY 11801
RE: The tariff classification and country of origin marking of snack products from Germany
Dear Ms. Eckert:
In your letter dated July 2, 2012, you requested a tariff classification and country of origin marking ruling on behalf of Trueller Knabber-Gebaeck GMBH, Germany.
Ingredients breakdowns, a production flowchart, two artwork layouts of the retail packages, a product photo, and samples were provided with your letter. The samples were examined and disposed of. Emmentaler Cheese Bites and Gouda Cheese Bites are rectangular-shaped, puffed, perforated, crunchy, bite-sized snack products measuring approximately 1-1/4 inches long x 1 inch wide. Both contain potato powder (main ingredient), sunflower oil, potato starch, salt, modified potato starch, sweet whey powder, cheese powder, yeast extract, flavoring, mono- and diglycerides of fatty acids, lactic acid and calcium lactate. The Emmentaler Cheese Bites also contains butter powder and gouda cheese powder. The Gouda Cheese Bites contains emmentaler cheese powder, wheat flour, yogurt powder and garlic powder. Both products are produced by mixing ingredients to dough, forming, frying, seasoning and packing in sealed pouches each weighing 4.4 ounces (125 grams), net weight.
Both packages are marked in a similar manner. The front panel contains the brand name “Specially Selected”, the product name followed by a statement “Potato snacks with smooth and subtle cheese flavor” or “Potato snacks with sweet and creamy cheese flavor,” a circular mark for “PASSION FOR FOOD”, and a piece of cheese and a folded cloth on a wood table top. A bowl of the cheese bites and two pieces of them are laid on the cloth. The net weight information is shown at the bottom of the front panel. The rear panel is connected by two portions. The left portion displays the “BEST BY” information, the “nutrition facts” box, the ingredients list, the words “Distributed by” followed by the U.S. distributor’s name and address (city, state and zip code), the country of origin – “PRODUCED IN GERMANY”, the guarantee and recycle information, and a UPC bar code. The U.S. distributor’s name and address appears smaller than the “PRODUCED IN GERMANY” statement. The right portion of the rear panel includes a UPC bar code, the band name, the product name followed by a statement “Potato snacks with smooth and subtle cheese flavor” or “Potato snacks with sweet and creamy cheese flavor,” product literature, and the same image, but smaller version, as shown in the front panel.
The applicable subheading for the Emmentaler Cheese Bites and Gouda Cheese Bites will be 1905.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares…other…other…corn chips and similar crisp savory snack foods. The rate of duty will be 4.5 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 the 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.
Section 134.46, Customs Regulations (19 CFR 134.46), requires that 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 locality in the United States, or the name of any foreign country or locality other than the country or in which the article was manufactured or produced, appears on an imported article or its container, 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality or other than the actual country of origin appears.
The proposed retail packages of the Emmentaler Cheese Bites and Gouda Cheese Bites, as described above, is conspicuously, legibly, indelibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is an acceptable country of origin marking for the imported snack products.
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.
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division