N341162
OT:RR:NC:N2:231
Mr. Raffaele Natale
American Shipping Co. Inc.
250 Moonachie Road
Moonachie, NJ 07074
RE: The Country of Origin of Tuna
Dear Mr. Natale:
In your letter dated April 25, 2024, you requested a country of origin determination for Tuna on behalf of your client, Tri-Union DBA Chicken of the Sea International (El Segundo, CA).
You have presented a scenario whereby two species of tuna, skipjack (Katsuwonus pelamis) and yellowfin (Thunnus albacore), are caught by Ghana-flagged vessels in the Indian and Atlantic Oceans. The whole fish is frozen with no other processing performed on board the vessels. In Ghana, the tuna is gilled, gutted, cut into loins, and then exported to Poland, where the loins are defrosted and processed with spices, herbs, flavorings, and oil. The tuna is then raw packed in 4.5-ounce cans that are seamed, retorted, and heated for sterilization. The product is packed 12 club cans per tray/case and will be sold under the Chicken of the Sea and King Oscar brands in supermarkets and on online retailers.
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.
The country of origin is defined in 19 C.F.R. 134.1(b) as the 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 this part.
The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character or use, different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 69 C.C.P.A. 151 (1982).
This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff'd, 989 F.2d 1201 (Fed. Cir. 1993).
In the present instance, tuna caught by Ghana-flagged vessels is processed at a facility in Ghana, i.e., gilled, eviscerated, and cut into loins. The loins are exported to Poland, where they are seasoned with unspecified herbs, seasonings and flavorings, and raw packed in cans with an oil medium. Based on the foregoing information, the country of origin of the finished goods will be Ghana.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 C.F.R. 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. If the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 C.F.R. 177).
Please note that seafood is subject to the mandatory Country of Origin Labeling (COOL) requirements administered by the USDA's Agricultural Marketing Service (AMS), we advise you to check with that agency for their further guidance on your scenario. Contact information for AMS is as follows:
USDA-AMS-LS-SAT Room 2607-S, Stop 0254 1400 Independence Avenue, SW Washington, DC 20250-0254 Tel. 202.720.4486 Website: www.ams.usda.gov/COOL
Email address for inquiries: [email protected]
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 301-575-0156, or at www.fda.gov/oc/bioterrorism/bioact.html.
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division