MAR-2-05 CO:R:C:V 732988 NL
Peter B. Helfrich
PBH International
P.O. Box 942
Bellvue, WA 98009
RE: Country of Origin Marking of Frozen Pack Meals
Dear Mr. Helfrich:
This is in response to your letter of December 12, 1989, in
which you inquire about the country of origin marking
requirements applicable to frozen pack meals which are sold to,
and served by, air lines, hotels and hospitals.
Your client, International Frozen Food Services, sells a
variety of individual meals consisting of sandwiches, prepared
meats, fruits, vegetables, condiments and utensils. You state
that the sources of each constituent material may originate in
various countries depending upon international market factors.
You also indicate that the country in which the meals will be
assembled may vary according to market requirements.
Because we have not been provided with specific information
as to the countries of origin or the condition in which the
articles are imported, we are unable to issue a binding ruling
concerning the country of origin of the frozen meals. Were
Customs to be presented with a formal request for a ruling, our
determination would be guided by the following general
considerations.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), requires that, unless excepted every article of foreign
origin imported into the U.S. shall be marked so as to indicate
the English name of its country of origin to an ultimate
purchaser in the U.S. Part 134, Customs Regulations (19 CFR Part
134) provides that for country of origin marking purposes the
ultimate purchaser is generally the last person in the U.S. to
receive the article in the form in which it was imported.
It would likely be our determination that the ultimate
purchaser of the frozen food meals is the airline, hotel or
hospital which purchases them, and that the country of origin of
the meals is the country in which they are assembled and wrapped.
It would not be necessary to mark each individual meal, but
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rather, if meals were shipped to the ultimate purchaser in bulk,
that the outermost container in which they were imported be
marked with the country of origin.
As for the individual constituents of each meal, it would
likely be our determination that the ultimate purchaser of the
bread, fruit, vegetables, etc. is the entity which assembles the
meals. We would probably regard these materials as having been
substantially transformed, within the meaning of 19 CFR
134.1(d)(1), into a new and different article, i.e., the frozen
meal. There would, therefore, be no obligation on the part of
the assembler of the meal to indicate to its customers the
countries of origin of the foods, condiments and utensils. The
assembler would only be required, as stated above, to assure that
the meals themselves are marked with their country of origin at
the time of importation and until they reach their ultimate
purchasers.
This information is provided for guidance only, and does not
constitute a binding Customs Service ruling. If you have any
questions concerning this matter, they may be directed to this
office.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch