CLA-2-16:OT:RR:NC:N4:231
Ms. Marie Gaudette-Harris
80 Holmes Street
Sherbrooke, Quebec J1E 1S2
Canada
RE: The tariff classification and country of origin marking of Salmon Tartare from Canada; Article 509
Dear Ms. Gaudette-Harris:
In your letter dated February 1, 2016, you requested a tariff classification and country of origin ruling on behalf of your client, Poissonnerie Cowie (Granby, Quebec Canada).
The item in question is identified as "Frozen Salmon Tartare." The ingredients are as follows: Atlantic salmon, canola oil, sweet onion, mustard, mayonnaise, jalapeño pepper, dill, lemon juice, egg, garlic, spices, seasonings, calcium chloride, and calcium disdodium EDTA. The portions will be packed in master cases (60 grams, net) with 30 individual portions per master case. This product, which is uncooked must be consumed once the package is opened.
The applicable subheading for the above-described Frozen Salmon Tartare will be 1604.20.0510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…: other prepared or preserved fish: …prepared meals: prepared meals. The rate of duty will be 10% ad valorem.
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. With regard to country of origin and marking thereof, 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Pursuant to 19 CFR Section 134.1(b), the country of origin is the country of manufacture, production or growth of any article of foreign origin entering the U.S. Further work or material added to a foreign article in a second foreign country must effect a substantial transformation in order to render the final product a good of the second country. However, for a good of a NAFTA country, the NAFTA Marking Rules (set forth in 19 CFR Part 102) will determine the country of origin. The NAFTA rules will govern in the current scenario. Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the finished fish products are goods of Canada for marking purposes. The use of the phrase “Made in Canada” or “Product of Canada” on the individual packages would therefore be acceptable for country of origin marking purposes.
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 [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division