CLA-2-19:OT:RR:NC:N2:228
Mr. Joseph N. Njiaju
All African Food Stores, LLC
1325-D 5th Street NE
Washington, D.C. 20002
RE: The tariff classification, marking and country of origin of instant noodles from Nigeria
Dear Mr. Njiaju:
In your letters dated January 2, 2012 and February 13, 2012 you requested a tariff classification ruling.
An ingredients statement and illustration of the Indomie chicken flavor instant noodles pouch accompanied your January letter. A sample and additional information were submitted with your February letter. The sample was examined and disposed of. Indomie® Instant Noodles Chicken Flavor consists of flat, dried, pre-cooked noodles and a sealed packet with two compartments containing chili powder and seasoning powder, packed in a sealed, retail pouch holding 70 grams, net weight. The noodles are made from wheat flour, vegetable oil, iodized salt, sodium polyphosphate, sodium carbonate, potassium carbonate, guar gum, tertrazine cl 19140, and antioxidant. The seasoning powder consists of iodized salt, monosodium glutamate (621), sugar, hydrolyzed vegetable protein, soy powder, pepper powder, garlic powder and chicken flavor.
The noodles are produced by mixing ingredients, spreading out the flour, cutting, folding into block, frying in palm oil, drying, and packaging with seasoning packet. The product is produced entirely in Nigeria. The user is instructed to empty the noodles in to a glass of boiling water, simmer for two minutes, turn noodles to other side, add seasoning and chili powder to taste and stir occasionally, cook until the water is almost dried up, and the noodles are ready to be served. For soup style, prepare with a cup and three-quarters of water and cook for three minutes, then it may be garnished with meat, fish, poultry and vegetables to taste.
The front panel of the pouch contains the product name and its flavor, an illustration of the ready-to-served noodle dish, net weight, a circular shape with a statement of “TASTY NUTRITION GOOD FOR YOU”, nutrition information contained in the product and the Indomie trademark, a circular symbol, and a statement of “HALAL SUGGESTED GARNISHING.” The pouch is sealed, overlapped and folded at the center of the back panel, which forms the top portion and bottom portion of the back panel. The top portion of the back panel contains the cooking instructions written in English and two other languages, a nutrition information box and other information about the product. The ingredients information written in English and the other two languages on the top of the bottom portion is hidden under the folded, overlapped area. The purchaser can flip the folded, overlapped portion to see the ingredients information. Directly below the top portion and the hidden ingredients information is the remaining visible part of the bottom portion of the back panel, which is divided into three columns (left, center and right). A statement of “Manufactured by:” is on the top of the left column, followed by a table with two rows and four columns. The first row contains “DE UNITED FOODS INDUSTRIES LIMITED… Nigeria”, the letter “A” and other information related to product quality certification. The second row contains “ DUFIL PRIMA FOODS PLC … Nigeria”, the letter “B” and other information related to product quality certification. Below the table is a statement of “Under License of PT. Indofood Sukses Makmur Tbk, Indonesia.” On the top of the center column is the UPC code. A statement of “THE SYMBOL OF Indofood QUALITY FOODS” and storage information is under the UPC code. The right column contains the NAFDAC registration number, distributor’s name and address in Nigeria, manufacturer’s website and its information, the Indomie trademark and the phone number for consumer care.
The applicable subheading for the Indomie instant noodles will be 1902.30.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagna, gnocchi, ravioli, cannelloni…other pasta…other…other. The rate of duty will be 6.4 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/.
Articles classifiable under subheading 1902.30.0060, HTSUS, that are products of Nigeria are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.
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 website www.fda.gov/oc/bioterrorism/bioact.html.
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.
Section 134.1(b) of the regulations (19 C.F.R. § 134.1(b)), defines "country of origin" as:
[T]he country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of this part…
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.
In this case, the imported instant noodles product is entirely produced in Nigeria. The country of origin is Nigeria. The proposed retail packaging of the Indomie chicken flavor instant noodles pouch, 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 Indomie chicken flavor instant noodles pouch.
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