MAR-2 RR:NC:SP:232 F82073
Mr. Frank Tranchilla
1915 N. Woodland Blvd.
DeLand, Florida 32724
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FROZEN ORANGE JUICE
CONCENTRATE
Dear Mr. Tranchilla:
This is in response to your letter dated January 7, 2000 requesting a ruling on whether the proposed method of marking the case in which frozen concentrated orange juice is repackaged with the country of origin in lieu of marking the carton itself is an acceptable country of origin marking for the repackaged frozen concentrated orange juice. A marked sample of the case and a sample of the carton were submitted with your letter for review.
Information was submitted with your letters dated September 28, 1999 and December 21, 1999. The subject merchandise consists of 1500 cases each holding twelve 32 ounce cartons of frozen concentrated orange juice (Lot #B20T2). You state that the orange juice concentrate was manufactured in Brazil by Louis Dreyfus Citrus and shipped to Peace River Citrus, which is an intermediate holding location for Louis Dreyfus Citrus in the United States. After United States Department of Agriculture (USDA) grading, the orange juice concentrate was sent to Country Pure Foods by tanker, where it is processed into a less concentrated form by the addition of water. The orange juice is packaged into 32 ounce cartons and then into cases holding twelve cartons each. The cases are sold to Sysco Corporation for distribution. Sysco sells the orange juice by case only to institutional food service customers, such as restaurants, hotels, hospitals, prisons and schools. You indicate that the twelve, 32 ounce cartons are never sold as individual units. The various food service institutions reconstitute the orange juice concentrate into single serving portions or into kitchen dispensing machines for final consumption.
The submitted case sample has a label on the front and back which states: “Contains Concentrate From Brazil And Mexico.” In close proximity to the labels, and in approximately the same size lettering, the cases are marked “Distributed By Sysco Corporation, Houston, Texas 77077-2099.” The submitted carton sample is also marked “Distributed By Sysco Corporation, Houston, Texas 77077-2099.” You indicated in your letter dated September 28, 1999 that after completing a packaging revision, it was noted by the on-site USDA inspector that the country of origin marking was omitted from the individual cartons. You also state that the packaging has been corrected for future production runs. Therefore, it is our understanding that only these 1500 cases contain cartons without the country of origin marking.
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.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the orange juice concentrate is the food service institutions which purchase the product in the cases holding the twelve cartons.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the orange juice concentrate by viewing the container in which it is packaged, the individual cartons would be excepted from marking under this provision. Since the cases are marked with the country of origin and the individual cartons are normally marked with the country of origin, the U.S. address of the distributor shown on the cartons would not confuse or mislead the ultimate purchaser. The U.S. address of the distributor would not trigger the special marking requirements of 19 CFR 134.46, provided that the cartons remain in the cases and are sold to the food service institutions. However, if the cartons are sold individually to customers they must be marked with the country of origin.
The submitted case sample is marked “Contains Concentrate From Brazil And Mexico.” However, in your letter dated January 7, 2000, and in a telephone conversation with this office on January 18, 2000, you indicated that the frozen concentrated orange juice is produced in Brazil. The country of origin marking must reflect the actual source of the foreign concentrate in a particular container. There is no concentrate from Mexico. Therefore, the cases holding the twelve cartons of frozen concentrated orange juice must be marked legibly and permanently, in close proximity and in comparable size lettering to the words “Distributed By Sysco Corporation, Houston, Texas 77077-2099”, “Made in Brazil,” or “Product of Brazil,” or words of similar meaning.
Frozen concentrated orange juice which is packaged in cases that are marked “Product of Brazil,” or “Made in Brazil,” in the manner described above, are excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the case in which the frozen concentrated orange juice is packaged and sold to the ultimate purchaser in lieu of marking the carton itself is an acceptable country of origin marking for the imported orange juice concentrate provided the port director is satisfied that the article will remain in the marked case until it reaches the ultimate purchaser.
It is noted that this ruling applies only to the 1500 cases of frozen concentrated orange juice as described above. Future cartons must be marked with the actual country of origin in compliance with the requirements of the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304).
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 any questions regarding the ruling, contact National Import Specialist John Maria at 212-637-7059.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division