CLA-2-16:OT:RR:NC:2:231
Mr. Martin Thaler
Food Partners SA
299, Rue du Muturnia
6220 Heppignies
Belgium
RE: The tariff classification of tuna spread from Belgium.
Dear Mr. Thaler:
In your letters dated August 2 and September 7, 2012, you requested a tariff classification ruling.
The product in question is identified as a shelf-stable “tuna spread” intended for use in making sandwiches and the like. An ingredients breakdown, manufacturing flow chart, and a sample of the item were submitted for our review. The sample is a soft paste or pâté consisting of puréed skipjack tuna (40%) mixed with rapeseed oil (32%), pasteurized cream cheese (15%), egg white (4.5%) and lesser amounts of water, lemon juice, mustard, white vinegar, corn starch, salt and sugar. It is packed in a 300-gram plastic squeeze bottle, and will be imported in that form.
The applicable subheading for the “tuna spread” will be 1604.20.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish…other prepared or preserved fish: other: pastes. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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.
In accordance with the foregoing, each bottle of the imported tuna spread must be appropriately marked with wording such as “Made in Belgium,” “Product of Belgium,” or a phrase of similar meaning.
This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Nathan Rosenstein at (646) 733-3030.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division