THE COUNTRY OF ORIGIN MARKING OF CRANBERRY JUICE CONCENTRATE

NY A80978 March 7, 1996 MAR-2 RR:NC:FC:232 A80978 CATEGORY: MARKING Mr. Avi Eisenstein Pri-Tov Corp 90 Union Valley Road Cranbury, N.J. 08512 RE: THE COUNTRY OF ORIGIN MARKING OF CRANBERRY JUICE CONCENTRATE Dear Mr. Eisenstein: This is in response to your letter dated February 29, 1996 requesting a ruling on whether the proposed marking "Product of Russia" is an acceptable country of origin marking for imported Cranberry Juice Concentrate. A marked sample was not submitted with your letter for review. The subject merchandise is described as a cranberry juice concentrate (Vaccinium Oxycoccus), which is processed into a single strength juice in Russia by crushing, pressing and filtering the fruit. The juice is sent to Denmark in refrigerated tankers, where it is concentrated to 65 Brix and then exported to the United States. 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. The proposed marking "Product of Russia" for cranberry juice concentrate, produced as a single strength juice in Russia and concentrated in Denmark, 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 product. 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 John Maria at 212-466-5730. Sincerely, Roger J. Silvestri Director, National Commodity Specialist Division