MAR-2:RR:NC:2:231 G84908
Mr. Bobby Guidry
Guidry’s Catfish, Inc.
1093 Henderson Highway
Breaux Bridge, LA 70517
RE: The country of origin marking of catfish of Vietnamese origin that is exported to the US for thawing, cutting and sizing into strips, marinating in seasoning, battering, breading, and freezing.
Dear Mr. Guidry:
In your letter, dated November 15, 2000, you requested a ruling on the country of origin marking of catfish of Vietnamese origin that will be exported to the US for thawing, cutting and sizing into strips, marinating in seasoning, battering, breading, and freezing.
The merchandise is comprised of Vietnamese catfish that will be manufactured into “Cajun Breaded Catfish Strips” at your processing facility in Breaux Bridge, LA. Both domestic catfish and imported catfish will be used in the production of “Cajun Breaded Catfish Strips.” The manufacturing process that will take place in the United States is described thus:
Fish fillets are unpacked from master cases and thawed under running water.
Fish fillets are cut and sized into strips.
Fish strips are packed in ice and marinated overnight in Cajun seasoning blend.
Marinated fish strips are run through battering/breading machinery.
Breaded strips are cryogenically frozen in a spiral freezer.
Breaded strips are packed in boxes as “Cajun Breaded Catfish Strips.”
Master cases of “Cajun Breaded Catfish Strips” are labeled to indicate the ingredients used to make the finished product thus: “Catfish, enriched yellow cornmeal (cornmeal, niacin, reduced iron, thiamine mononitrate, and riboflavin), salt, spices, citric acid, monosodium glutamate, garlic, lemon juice, onion, maltodextrose, and sodium tripolyphosphate. The label does not indicate the country of origin of the ingredient catfish, whether domestic or foreign.
In your inquiry you ask whether labeling must indicate the country of origin of the ingredient catfish. Samples of neither the finished product, nor of the constituent catfish ingredient were submitted with your letter for review.
Section 304 of the Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. must be marked 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, implements the country of origin marking requirements and exceptions to 19 USC 1304. As provided for in 19 CFR 134.1(b), “country of origin” means the country of manufacture, production, or growth of an article. 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.” A substantial transformation is said to occur if, after manufacture or processing, an article emerges having a new name, character, or use.
In this instance it is clear that the breading and seasoning processes that are performed in the United States are processes of manufacture that effect a substantial transformation; they transform the merchandise into a new a different article of commerce. Therefore, the foreign catfish of Vietnamese origin that is thawed, cut and sized into strips, marinated in seasoning, battered, breaded, and frozen in the United States loses its identity, and it becomes a product of the United States
Accordingly, we advise that the finished product, “Cajun Breaded Catfish Strips,” does not have to be marked to show the country of origin of the catfish ingredient. However, upon importation into the United States, containers of the catfish ingredient must be marked to show the country of origin to the ultimate consumer of the ingredient, which, in this case, is the importer of record. Therefore, upon importation, containers of the Vietnamese catfish must be marked to show country of origin.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (212) 637-7064.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division