COUNTRY OF ORIGIN MARKING OF FREEZE DRIED STRAWBERRIES

N075386 September 23, 2009 MAR-2 OT:RR:E:NC:2:228 CATEGORY: MARKING Mr. Michael McCullough Vandegrift Forwarding Co., Inc. 9317 Cheshire Road Sunbury, OH 43074 RE: COUNTRY OF ORIGIN MARKING OF FREEZE DRIED STRAWBERRIES Dear Mr. McCullough: This is in response to your letter dated September 10, 2009, on behalf of Chaucer Foods, Inc., Syosset, NY, requesting a ruling on the country of origin marking for freeze dried strawberries. Whole or sliced strawberries, grown and frozen in Chile, will be imported into the United States to be freeze dried or, in the case of whole berries, sliced and freeze dried. After processing in the United States, the freeze dried strawberry slices will be exported to Mexico or Canada. 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. Part 134, U.S. Customs and Border Protection Regulations (19 C.F.R. §134) implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. 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… For country of origin marking purposes, a substantial transformation of an article occurs when it is used in manufacture, which results in an article having a name, character, and use differing from that of the article before the processing. United States v. Gibson-Thomsen Co., Inc., 27 CCPA 267, C.A.D. 98 (1940); National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F. 2d 1201 (Fed. Cir. 1993). However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983). In this case, the imported frozen strawberries will not be substantially transformed as a result of the slicing and/or freeze drying process in the United States. They will remain a product of Chile. 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