CLA-2:OT:RR:NC:N2:231
Mr. Lebona Y. Hailu
Merkato Goods LLC
802 Washington Boulevard
Baltimore, MD 21230
RE: The Tariff Classification and Country of Origin Marking of Berbere Spice Blend
Dear Mr. Hailu:
In your letter, dated August 27, 2022, you requested a classification and country of origin determination.
You have outlined a scenario in which a Berbere Spice Blend is produced in Ethiopia from ingredients you state are completely grown and processed in Ethiopia. Berbere Spice is a traditional ingredient in Ethiopian cuisine. In this case the blend is composed of the following ingredients: Red Jalapeño Pepper (83 percent), Salt (3 percent), Bishop’s Weed (2.5 percent), Ginger (2.5 percent), Garlic (2 percent), Shallot (2 percent), Black Cumin (1.5 percent), Fenugreek (1.5 percent), Basil (1 percent), and Cardamom (1 percent). The Berbere Spice Blend will be vacuum sealed and imported in plastic packages no greater than 200 kg each. Following importation, the blend is intended to be repackaged into smaller quantities of 1.5 to 2.0 ounces each for sale to individual U.S. consumers both independently and in grocery stores.
You seek a determination as to the tariff classification and country of origin of the above-described Berbere Spice Blend.
The applicable subheading for the Berbere Spice Blend will be will be 0910.91.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for the following: “Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices: Other spices: Mixtures referred to in note 1(b) to this chapter.” The rate of duty will be 1.9 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 the World Wide Web at https://hts.usitc.gov/current.
Articles classifiable under subheading 0910.91.0000, HTSUS, that are products of Ethiopia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. 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 an ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), of Title 19 of the Code of Federal Regulations (19 C.F.R. §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.
Part 134 of Title 19 of the Code of Federal Regulations (19 C.F.R. Part 134) implements the country of origin marking requirements of 19 U.S.C. §1304. Section 134.1(b) (19 C.F.R. §134.1(b)) defines “country of origin” as follows:
[T]he country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘country of origin’ within the meaning of [the marking regulations]…
A substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. United States v. Gibson-Thomsen Co., Inc., 27 CCPA 267, C.A.D. 98 (1940); National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F. 2d 1201 (Fed. Cir. 1993). However, if the manufacturing or combining process is merely a minor one that leaves the identity of the article intact, a substantial transformation has not occurred. Uniroyal, Inc. v. United States, 3 CIT 220, 542 F. Supp. 1026, 1029 (1982), aff’d, 702 F.2d 1022 (Fed. Cir. 1983).
Regarding the above-described Berbere Spice Blend, this office finds the article is composed entirely of ingredients originating in Ethiopia and completely processed there. Accordingly, based on the information presented, the country of origin of the Berbere Spice Blend for marking purposes is Ethiopia.
In accordance with 19 U.S.C. §1304(g), articles classifiable in subheading 0910.91, HTSUS, are exempt from the marking requirements of 19 U.S.C. §1304(a) - (b). Accordingly, the Berbere Spice Blend discussed in this ruling is exempt from the country of origin marking requirement and neither the product nor its container is required to be marked with the country of origin.
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 the FDA at 1-888-463-6332, or at the Web site www.fda.gov. This ruling is being issued under the provisions of Part 177 of Title 19 of the Code of Federal Regulations (19 C.F.R. Part 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 questions regarding the ruling, contact National Import Specialist Ekeng Manczuk at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division