CLA-2-04:OT:RR:NC:N4:232
Martin K. Behr
Attorney at Law
126-76 Street
North Bergen, NJ 07047
RE: The tariff classification and country of origin marking of monofloral honey from the Republic of Yemen
Dear Mr. Behr:
In your letter dated May 3, 2017, on behalf of your client, Hadrmout Honey Import Corp, you requested a tariff classification ruling.
Illustrative literature was submitted with your letter. The product is monofloral honey. The honey is amber brown in color and will be imported for retail sale in clear glass jars holding 250 grams of honey. The honey is used to sweeten foods and drinks.
The applicable subheading for the monofloral honey will be 0409.00.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Natural honey: Other: Comb honey and honey packaged for retail sale. The general 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 the World Wide Web at https://hts.usitc.gov/current.
Articles classifiable under subheading 0409.00.0010, HTSUS, which are products of the Republic of Yemen, may be entitled to duty-free treatment under the Generalized System of Preferences (GSP). The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".
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 monofloral honey must be conspicuously, legibly and permanently marked "Product of the Republic of Yemen" or "Made in the Republic of Yemen" 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 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,
Steven A. Mack
Director
National Commodity Specialist Division