CLA-2-04:OT:RR:NC:N2:232
Mr. Christopher Brogan
Queen Jamaica Honey Inc.
3448 Progress Dr.
Unit E
Bensalem PA 19020
RE: The tariff classification, marking, country of origin and eligibility for preferential duty treatment under the Caribbean Basin Economic Recovery Act of Raw (CBERA) of Raw Honey from Jamaica
Dear Mr. Brogan:
In your letter dated June 18, 2015 you requested a tariff classification ruling.
The subject merchandise is natural light amber honey. The product will be imported in 55 gallon plastic drums and subsequently sold in 160 milliliter retail sized bottles to the final consumer.
The applicable subheading for the Natural Light Amber Honey will be 0409.00.0056, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Natural honey: Other: Light Amber. The rate of duty will be 1.9 cents per kilogram.
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/.
In your letter, you requested a review of the eligibility of the product for eligibility under the Caribbean Basin Economic Recovery Act (CBERA). Articles classifiable under subheading 0409.00.0056, HTSUS, which are products of Jamaica may be entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.
Also, you requested a determination on Country of Origin and Marking. You have stated in your letter that the product is wholly manufactured in Jamaica, will be imported in gallons and subsequently repacked in retail size containers.
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.
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.
The " Natural Light Amber Honey " product must be conspicuously, legibly and permanently marked "Product of Jamaica" or "Made in Jamaica" in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Please refer to Title 21 CFR, subchapter B for the Food & Drug Administration Food Labeling Guidance & Regulatory Information.
This merchandise is also 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 the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 Frank Troise at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division