MAR-2 OT:RR:NC:2:236
Ms. Carol Beaul
Innophos Inc.
3265 Wolfdale Road, Mississauga
Ontario Canada
L5C1V8
RE: THE COUNTRY OF ORIGIN MARKING OF SODIUM TRIOPOLYPHOSPHATE, TETRASODIUM PYROPHOSPHATE, SODIUM ACID PYROPHOSPHATE, MONOSODIUM PHOSPHATE AND BLENDS OF THESE MATERIALS; ARTICLE 509
Dear Ms. Beaul:
This is in response to your letter dated May 4, 2010 requesting a ruling on the country of origin marking requirements of sodium triopolyphosphate, tetrasodium pyrophosphate, sodium acid pyrophosphate, monosodium phosphate, as well as blends of these chemicals which are sold for food use. You ask whether the proposed marking of “Made in Canada from imported ingredients” is an acceptable country of origin marking for the imported food grade sodium triopolyphosphate, tetrasodium pyrophosphate, sodium acid pyrophosphate, monosodium phosphate and blends of these materials. Marked samples were not submitted with your letter for review.
The information submitted with your request states that the sodium triopolyphosphate, tetrasodium pyrophosphate, sodium acid pyrophosphate, monosodium phosphate and blends of these materials are manufactured in Canada from phosphoric acid and sodium carbonate (soda ash). You state that these materials are reacted in the correct ratio and dried or processed into final products (which are new chemicals) based on the mix of the two materials. Additionally you state that the raw materials are sourced in the US.
Part 102 of the Customs Regulations (19CFR Part 102) sets forth the "NAFTA Marking Rules" for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.
Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the sodium triopolyphosphate, tetrasodium pyrophosphate, sodium acid pyrophosphate, monosodium phosphate as well as blends of these materials are goods of Canada for marking purposes, noting the requirements of Section 102.11 (a) (3). The chemicals are goods of Canada for marking purposes, noting the requirements of Section 102.20 (f).
The proposed country of origin marking, “Made in Canada from imported articles” will satisfy the marking requirements of 19 U.S.C. 1304 and CFR Part 134 and is an acceptable country of origin marking for the imported goods.
You also state that similar chemicals products are produced and sold for non food use and are considered technical grade chemical products. You state that you would like to use “processed in Canada from imported ingredients” for these technical grade similar products.
“Processed in Canada” is not a statement of origin. The statement merely conveys information to an ultimate purchaser that the article was processed in Canada, but the statement alone does not satisfy the requirement that the article of foreign origin be marked with its country of origin.
“Processed” does not mean that it is made in Canada. This term is misleading in respect to the country of origin marking rules in part 19 USC 1934. “Processed in Canada from imported ingredients” would not be allowed.
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, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.
Section 134.45(a) (2) of the regulations, provides that “a good of a NAFTA country may be marked with the name of the country of origin in English, French or Spanish.” Section 134.1(g) of the regulations, defines a “good of a NAFTA country” as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules.
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.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).
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 Debra Wholey at (646) 733-3034.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division