![]() ![]() The court held that the processing of headed and gutted Hoki fish in Korea by thawing, skinning, boning, trimming, refreezing, and packaging into individual filets effected a substantial transformation. The country of origin marking requirements of the fish fillets identified in the first scenario, the cod and sole fillets, are governed by the decision of the Court of International Trade in Koru North American v. ![]() 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 … A substantial transformation is said to have occurred when an article emerges from a manufacturing process with a name, character, or use which differs from the original material subjected to the process. §134.1(b) defines “country of origin” as: he country of manufacture, production, or growth of any article of foreign origin entering the United States. §134) implements the country of origin marking requirements of 19 U.S.C. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. §1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. Congressional intent in enacting 19 U.S.C. §1304), provides that unless excepted, every article of foreign origin imported into the United States 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 United States, the English name of the country of origin of the article. ISSUE: What are the country of origin marking requirements for fish fillets to be breaded after importation? LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. In your ruling request, you inquire whether you can mark the breaded fish fillets “Product of USA”. The only recommended preparation of the breaded fillets is oven baking. You also state that the breading process contributes approximately 45 percent of the finished product. The following ingredients are involved in the breading process: wheat flour water yellow corn flour salt sugar leavening yeast dextrose soybean and cottonseed oil spice extractive and guar gum. According to your submission, the breading process is characterized by seven general steps: batter coating pre-dusting second batter coating final breading coating pre-frying in an oil fryer spiral freezing and packaging into bags and master cartons. In both instances, the fillets are breaded by Orca after importation into the United States. ![]() ![]() In the second scenario, you state that frozen filets of tilapia, harvested and cut in China, will be shipped to the United States for further processing. The cod and sole fillets, still frozen, are then shipped to the United States for further processing. In China, the fish are converted into skinless fillets. Either in whole form or headed and gutted, they are then sent to China in a frozen state. In the first scenario, cod and yellowfin sole are harvested in Alaska. FACTS: In your correspondence, you outline two basic scenarios. In preparation of this ruling, we reviewed your letter of June 25, 2008, in which you provided additional information concerning the harvesting and processing of the subject fish fillets. Owen: This is in response to your request, dated April 29, 2008, for a binding ruling on the country of origin marking requirements for certain fish fillets imported by your company, Orca Bay Seafoods, Inc. RE: Country of origin marking of fish fillets breaded, pre-fried, frozen and packaged after importation Dear Ms. 900 Powell Avenue, SW Renton, Washington 98055 ![]()
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