CLA-2-20:OT:RR:NC:N5:228
Pilar Galvan
Agro Sevilla USA
340 Herndon Parkway
Herndon, VA 20170
RE: The country of origin and marking of olives
Dear Ms. Galvan
In your letter dated May 6, 2025, you requested a country of origin and marking ruling.
A narrative description of the manufacturing process and pictures of the product labeling accompanied your
letter.
You have outlined a scenario in which you plan to import green olives from Spain and Greece. The green
olives will be grown, harvested, and processed in Spain and Greece. However, the olives will not be mixed
into the same packaging. In Spain, the olives from both countries will be subjected to further processing
which includes cleaning, washing, fermentation, sorting, olive processing (pitting), and packaging for retail
sale in fully sealed jars or cans. Other ingredients, (brine solution components, stuffing ingredients such as
pimiento or cheese) will be sourced from the EU, primarily Spain.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), 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 its container) will permit, in such a manner as to
indicate to the 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 the 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.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the
country of origin marking requirements and exceptions of 19 U.S.C. 1304.
In your request, you have requested label flexibility to avoid unnecessary label waste and reprinting, and to
increase operational efficiency. The proposed marking for the olives appears on the label, below the Nutrition
Facts and ingredient composition panel. The marking appears in white font set against a black background, in
a font size that is comparable to neighboring text and reads “Check Lid For Product Country of Origin
SPAIN / GREECE.” Country of origin marking on the proposed jar reads, “PRODUCT OF SPAIN.”
The proposed marking on the label of “Check Lid For Product Country of Origin SPAIN / GREECE,” while
the jar states, “PRODUCT OF SPAIN,” may mislead or confuse the ultimate purchaser as to the actual
country of origin of the finished good. The purpose of 19 C.F.R. § 134 is to prevent the possibility of
misleading or deceiving the ultimate purchaser as to the actual origin of the imported article. The proposed
marking on the product label as set forth above would not satisfy the marking requirements of 19 U.S.C.
1304 and 19 CFR Part 134. If you wish to mark the product labels of the imported olive preparation to
identify where the olives packaged in a specific jar have been harvested or manufactured, such as “Made in
(insert country name), the marking requirements of 19 U.S.C. 1304 would be satisfied. See NY N307292
dated November 22, 2019, which discusses the country of origin and marking of olives from multiple
countries.
Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” as the 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 the marking laws and regulations.
A substantial transformation occurs when, as a result of manufacturing, a new and different article emerges,
having a distinct name, character or use, which is different from that originally possessed by the article or
material before being subjected to the manufacturing process. See United States v. Gibson-Thomsen Co.,
Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940).
Moreover, the manufacturing processes performed in Spain would not change the origin of the green olives
grown and harvested in Greece because the manufacturing in Spain does not result in a substantial
transformation of the olives. In short, the process begins with green olives and ends with green olives.
Accordingly, the green olives will be considered a product of the country in which the olives are grown,
namely Spain or Greece.
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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
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 and Border Protection
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, please contact
National Import Specialist Timothy Petrulonis at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division