CLA-2-32:OT:RR:NC:2:236
Mr. Guven Ceylan
Roha Canada Ltd.
70 East Beaver Creek Road, Unit 201
Richmond Hill
Ontario, L4B 3B2
Canada
RE: The tariff classification, Marking, and Country of Origin of “Food Coloring Dye Lakes” from India
Dear Mr. Ceylan:
In your letter dated March 9, 2017, you requested a tariff classification, marking, and country of origin ruling on “Food Coloring Dye Lakes.” You have described the product at issue as FD&C Yellow 5 and 6 lakes. These color lakes are intended to be used in food coloring.
The applicable subheading for “Food Coloring Dye Lakes” will be 3205.00.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Color lakes: preparations as specified in note 3 to this chapter based on color lakes: Other: Other: Yellow. The general rate of duty will be 6.5 percent ad valorem.
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 https://hts.usitc.gov/current.
You also requested a ruling on marking and country of origin for the products at issue. 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 you submission, you state that the country of origin is India and in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, the outermost container of the “Food Coloring Dye Lakes” should be marked “Made in India.”
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
This merchandise may be 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.
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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division