MAR-2 OT:RR:NC:2:228
Ms. Margaret Eckert
Eurofoods Regulatory Advisors, LLC
42 Lehigh Lane
Hicksville, NY 11801
RE: THE COUNTRY OF ORIGIN MARKING OF PEANUT PUFFS FROM GERMANY
Dear Ms. Eckert:
This is in response to your letter dated March 22, 2011, requesting a ruling on whether the proposed marking of peanut puffs is an acceptable country of origin marking. An artwork layout for the package was submitted with your letter for review.
The package is a sealed pouch presenting three panels. The front panel contains two columns. The left column displays a landscape photograph. The right column, from top to bottom, contains the trade mark, the brand (Deutsche Kuche), the product name (Peanut Puffs), a brief product description, a picture of an unshelled and shelled peanut, an illustration of the peanut puffs scattered across both columns, and continuing onto the rear panels, and a portion of a UPC bar code at the right bottom corner of the column. The back of the package consists of the other two panels (left and right) in the layout. The information appearing on the left side (right panel in the layout) of the back of the package includes the trade mark, the brand (Deutsche Kuche), a “Best By” box, a picture of an unshelled and shelled peanut, a horizontal UPC bar code, an “IMPORTED FROM GERMANY” statement, and a portion of the product illustration stretching from the front panel. The upper portion of the right side (left panel in the layout) in the back of the package presents the product name (Peanut Puffs) and a brief product description. Below it are two columns of information. The column on the left displays the “Nutrition Facts” box, an ingredients list, an allergy statement, the U.S. distributor’s name, address, website and guarantee, and the country of origin – “PRODUCT OF GERMANY”. A vertical UPC bar code appears alongside the nutrition facts box. At the right bottom of this panel is a part of the product illustration extended from the front panel. The U.S. distributor’s name and address are printed using a different, but smaller font than the “PRODUCT OF GERMANY” statement found in the left column.
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 packaging of the Peanut Puffs, as described above, is conspicuously, legibly 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 peanut puffs.
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 Stanley Hopard at 646-733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division