CLA-2-20:RR:NC:2:228 G89921
Ms. Cheryl Ellsworth
Harris Ellsworth & Levin
2600 Virginia Avenue, NW Suite 1113
Washington, DC 20037-1905
RE: The tariff classification and country of origin marking of canned beans and chickpeas from The Dominican Republic
Dear Ms. Ellsworth:
In your letter dated May 24, 2001, on behalf of Empresas La Famosa, Inc. you requested a tariff classification and country of origin marking ruling.
Samples, submitted with your letter, were examined and disposed of. The merchandise consists pinto beans, white beans, black beans, red kidney beans, and chickpeas, packed in a solution composed of water, salt, and in some cases calcium disodium EDTA or disodium EDTA, in metal cans containing 15.5 ounces, net weight. The beans and chickpeas are products of the United States, exported in dry condition to a producer in the Dominican Republic, Productos del Tropico, C. por A. In the Dominican Republic, the beans and chickpeas will be rehydrated, blanched, filled into cans, covered with hot (180° F) brine, sealed, cooked in a rotary cooker for over 15 minutes at 260° F, cooled, labeled, and packed for export to the United States.
The applicable subheading for the pinto beans, white beans, red kidney beans, and black beans will be 2005.51.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…beans (Vigna spp., Phaseolus spp.)…shelled… other…canned dried. The rate of duty will be 2.1 cents per kilogram on the entire contents of the container.
The applicable subheading for the chickpeas will be 2005.90.8500 HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables…chickpeas (garbanzos). The rate of duty will be 0.8 cents per kilogram on the entire contents of the container.
Articles classifiable under subheadings 2005.51.4020, and 2005.90.8500, HTS, which are the products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) and the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.
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 134.1(b) of the regulations, defines "country of origin" as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. 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 this part;.
Products of the United States exported and returned are specifically excepted from country of origin marking requirements under section 134.32(m), Customs Regulations. Products of the U.S. which are exported for further processing and subsequently returned are generally not subject to country of origin marking upon importation into the U.S., unless the further processing in the foreign country constituted a substantial transformation of the product. In defining what constitutes a substantial transformation, Customs has held that a new and different article of commerce having a new name, character and use must emerge from the processing. See, United States v. Gibson-Thomsen Co., Inc., 27 CCPA 267, C.A.D. 98 (1940). .
Applying the country of origin marking rules to the case at hand, we find the imported canned beans and canned chickpeas are products of the United States for country of origin marking purposes. Accordingly, the beans and chickpeas will not require country of origin marking upon importation into the U.S.
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 Stanley Hopard at 212-637-7065.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division