The country of origin marking of charcoal from Mexico

N353068
September 10, 2025
MAR-2-44:OT:RR:NC:N5:130
CATEGORY: Marking Ms. Atunaisa Tongotea Firewood Hawaii, LLC 160 Ahui St. Honolulu, Hawaii 96813 RE: The country of origin marking of charcoal from Mexico Dear Ms. Tongotea: In your letter, dated August 11, 2025, you requested a binding tariff marking ruling for imports of charcoal. The request was returned to you for additional information, which was received by this office on August 29, 2025. Product information and photos were submitted for our review. The product to be imported is mesquite charcoal. You outline a scenario wherein mesquite wood is harvested in Mexico, then cut, carbonized, screened, sorted, and packaged, also in Mexico. As all manufacturing takes place in Mexico, the product is considered “wholly obtained” in Mexico. You have provided a sample of the product marking. The product packaging front is printed “FWH Brand Mesquite Lump Charcoal”. Below this are the words, “Kiawe’s Cousin From Across the Border”, and in slightly smaller font, “Made in Mexico”. In your request, you ask whether this marking satisfies the import marking requirements set forth in Title 19, Code of Federal Regulations, Section 134 (19 CFR 134). You explain that “kiawe” is the Hawaiian word for mesquite, and that the product name is intended to connect with and educate local consumers. However, in order to not confuse consumers about the product’s origin, the phrase “Made in Mexico” is printed in immediate proximity to the word “kiawe”. The marking regulations, specifically 19 CFR 134.11, require that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of importation into the Customs territory of the United States. We find that your product is clearly, conspicuously, legibly, indelibly, and permanently marked with the country of origin, Mexico. The regulations, namely 19 CFR 134.22(c), requires that

Containers or holders of imported merchandise bearing the name and address of an importer, distributor, or other person or company in the United States shall be marked in close proximity to the U.S. address to indicate clearly the country of origin of the contents with a marking such as “Contents made in France” or “Contents Product of Spain.” We note that the term “kiawe” is not a U.S. location, but, rather, a Hawaiian term. As such, it does not present a conflict with the phrase, “Made in Mexico”. Nonetheless, the “marked in close proximity” requirement of the regulation is clearly met. The “Made in Mexico” marking on FWH Brand Mesquite Lump Charcoal satisfies the import marking requirements set forth in 19 CFR 134. 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 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 Laurel Duvall at [email protected].
Sincerely,
(for) Denise Faingar Acting Director National Commodity Specialist Division