January 15, 2009 CBP Bulletin Notice on Country of Origin Marking of Bagel Crisp Bags
In the January 15, 2009 issue of the U.S. Customs and Border Protection Bulletin (Vol. 43, No. 4), CBP published a notice proposing to revoke one ruling and a treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the country of origin marking of a bag of bagel crisps. Additionally, CBP proposes that this notice covers any rulings on this merchandise that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by February 14, 2009, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
Bag of bagel crisps. The merchandise at issue is New York Style Brand Bagel Crisps (hereinafter "Bagel Crisps") are crisp, twice-baked snack foods resembling a thinly sliced bagel, packaged in a laminated paper bag that holds up to 6 ounces by net weight. The bag features a map of New York City over a green background that includes the words "Manhattan," "Hudson River," "New York City Harbor," "Queens," and "Long Island," in black lettering ranging in size from approximately 6 point to 12 point font. A picture of the Bagel Crisps appears around the bottom of the four sides of the bag. Each side contains an informational panel that overlays the map graphic.
CBP is proposing to issue HQ H016234 in order to revoke HQ H009022 and change their determination regarding the bag of bagel crisps based on review of a new design for the package.
The package design in HQ H009022 was determined to be unacceptable by CBP. CBP held that due to the large number of references to non-origin localities contained on the six-ounce package of bagel crisps, both the front and back sides of the laminated paper bag package must be marked with the country of origin, in accordance with section 134.47. Additionally, the distribution information on the side panels containing references to non-origin US and foreign localities on the bagel crisps package triggered the requirements of 19 CFR 134.46. Furthermore, the country of origin must be preceded by "Made in," "Product of," or other similar words on each side of the package.
CBP proposes this change in response to a revised package design for the bagel crisps bag. With the new package design, the product is marked with its country of origin in a place where the ultimate purchaser can notice from a casual inspection and is likely to consult, i.e., next to the nutritional information on one side panel and the "best before" freshness date on the other. The markings are easily distinguishable from the surrounding material because they appear in contrasting black lettering over a cream color background, in upper case font, and in a size comparable to that of the foreign distributors' information. CBP now finds that the revised package of Bagel Crisps is marked in a conspicuous location as required by 19 CFR 134.47.
The revised package is marked with the country of origin on both side panels in upper case lettering of approximately 8 point font, a size comparable to that of the non-origin distribution information. CBP now finds this marking to be in compliance with the requirements of 19 CFR 134.46.
In addition, CBP states that the phrase "captures the same delightful taste as the items found in New York City's traditional bakeries" does not suggest origin. It is a figure of speech. Taken together, and considering that the country of origin marking is displayed in a conspicuous location on the package, CBP concludes that the requirement of 19 CFR 134.46 (to have the country of origin statement in close proximity to and of equal size as the non-origin place name) is not triggered by this phrase.
On the basis of the information and samples submitted, CBP proposes that the revised Bagel Crisps package satisfies the marking requirements of 19 CFR 134.46 and 19 CFR 134.47.
January 15, 2009 CBP Bulletin (Vol. 43, No. 4) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/