CLA-2-12:OT:RR:NC:N2:N232

Ms. Ilana Green
Fresh Hemp Foods Ltd.
69 Eagle Dr
Winnipeg, MB R2R 1V4
Canada

RE: The Country of Origin and Marking for Organic Hemp Hearts from Canada

Dear Ms. Green,

This is in response to your letter dated May 5, 2022, requesting a ruling on the country of origin and marking of Organic Hemp Hearts.

Organic Hemp Hearts are described as 100% hulled hemp seeds dehulled from whole hemp seeds. Whole hemp seeds (Product of USA) are received, heated, destoned; sorted, dehulled and packaged in Canada. Organic Hemp Hearts will be packaged in pouches for retail sale with a net weight of 189 grams.

Country of Origin Marking

The marking statute, Section 304(a), Tariff Act of 1930, as amended (19 U.S.C. § 1304(a)), provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. § 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940). Pursuant to section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and other USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set forth in §§ 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with respect to goods imported from Canada and Mexico. Section 102.11 provides a required hierarchy for determining the country of origin of a good for marking purposes, with the exception of textile goods which are subject to the provisions of 19 C.F.R. § 102.21. See 19 C.F.R. § 102.11. Applied in sequential order, 19 C.F.R. Part 102.11(a) provides that the country of origin of a good is the country in which: (a)(1) The good is wholly obtained or produced; (a)(2) The good is produced exclusively from domestic materials; or (a)(3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in section 102.20 and satisfies any other applicable requirements of that section, and all other requirements of these rules are satisfied.

Sections 102.11(a)(1) and 102.11(a)(2) do not apply to the facts presented in this case because Organic Hemp Hearts are neither wholly obtained nor produced in a single country or produced exclusively from “domestic” (Canada, in this case) materials. Accordingly, we look to section 102.11(a)(3). The applicable tariff shift requirement in section 102.20 for the hemp seeds of subheading 1207.99, HTSUS, consist of the following: A change to heading 1201 through 1207 from any other chapter.

In this instance, the whole hemp seeds from the United States are classified in subheading 1207.99, HTSUS, therefore, the tariff shift rule in 19 C.F.R. § 102.20 is not satisfied. Consequently, 19 C.F.R. § 102.11(b) of the hierarchical rules must be applied to determine the country of origin of three hemp seeds products. Section 102.11(b) provides that: Except for a good that is specifically described in the Harmonized System as a set, or is classified as a set pursuant to General Rule of Interpretation 3, the country of origin cannot be determined under paragraph (a) of this section: The country of origin of the good is the country or countries of origin of the single material that imparts the essential character to the good.

Since there is only one material, the whole hemp seeds provide the essential character, which were produced in the United States. Accordingly, pursuant to 19 C.F.R. § 102.11(b)(1), the country of origin for marking purposes of the Organic Hemp Hearts is the United States.

Please note that the question of whether the goods may be marked with a phrase such as “Product of U.S.A.” is under the jurisdiction of the U.S. Federal Trade Commission, Bureau of Consumer Protection, Division of Enforcement, which may be contacted for advice at 600 Pennsylvania Avenue N.W., Washington, D.C. 20580, or through the FTC’s website at http://www.ftc.gov.

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 Frank Troise at frank.l.troise.cbp.dhs.gov.


Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division