Country of Origin Marking for Frozen Produce; Implementation of T.D. 94-5; Solicitation of Comments on New Effective Date and Size and Style of Marking

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 134 and 175

Country of Origin Marking for Frozen Produce; Implementation of

T.D. 94-5; Solicitation of Comments on New Effective Date and Size and

Style of Marking

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Proposal for new compliance date and adoption of specifications

for type size and style of marking; Solicitation of Comments.

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SUMMARY: In another document published in today's Federal Register,

Customs has suspended the compliance date for T.D. 94-5, regarding

country of origin marking requirements for retail packages containing

frozen produce. In this document, Customs is proposing a new compliance

date and is requesting comments on both the proposed compliance date

and on the specifications regarding type size and style set forth in

T.D. 94-5.

DATES: Comments must be received on or before May 31, 1994.

ADDRESSES: Comments (preferably in triplicate) may be submitted to the

U.S. Customs Service, Regulations Branch, Office of Regulations and

Rulings (Franklin Court), 1301 Constitution Avenue, NW., Washington, DC

20229.

FOR FURTHER INFORMATION CONTACT: Robert Cascardo, Value and Marking

Branch, Office of Regulations and Rulings, U.S. Customs Service, (202)

482-7010.

SUPPLEMENTARY INFORMATION

Background

On December 29, 1993, pursuant to section 516 of the Tariff Act of

1930, as amended, Customs issued T.D. 94-5, a Decision and Final

Interpretive Rule concerning the country of origin marking requirements

for retail packages containing imported frozen produce. 58 FR 68743

(December 29, 1993). Customs issued T.D. 94-5 after publishing a Notice

of Domestic Interested Party Petition under section 516. Tariff Act of

1930, as amended (19 U.S.C. 1516) and part 175, Customs Regulations (19

CFR part 175) and after having reviewed the submitted public comments.

The Notice solicited public comments on the issues raised by the

domestic interested parties, i.e. whether the nature of frozen produce

packaging required specified marking on the front panel to indicate the

country of origin in a manner that would satisfy the requirements of

conspicuousness and legibility. After consideration of the public

comments received, Customs reversed a previous determination and ruled

that country of origin marking must appear on the front panel of such

packages in specified type size and style.

The Decision on the section 516 Petition essentially agreed with

the prior opinion of the Court of International Trade in Norcal/

Crosetti Foods, Inc., et al. v. U.S. Customs Service, 758 F. Supp. 729

(1991). In particular, Customs agreed with the Court that both the

location and the legiblity of the country of origin marking on these

products were deficient. The detailed specifications for type size and

lettering of marking announced by Customs were intended as a definitive

resolution of the legibility issue. These specifications were provided

in part because the Court, in addition to requiring that marking appear

on the front or most prominent panel of the package, also required that

marking be placed on that panel in a conspicuous manner, keeping in

mind the common meaning of that term. The determination became legally

effective on February 11, 1994. However, parties adversely affected by

the final interpretive rule were allowed until May 8, 1994, to bring

their imported frozen packaging into compliance.

With the suspension by Customs of the effective date for compliance

by another document published in today's Federal Register, there will

now be opportunity for further consideration of type sizes and styles.

The specifications set forth in the December 29, 1993, Decision and

Final Interpretive Rule, at Federal Register page 68747, are to be

considered for purposes of this Notice as proposed specifications which

Customs will reconsider in light of the comments received.

Public comment is requested on both the date after which country of

origin marking on the front panels of produce packaging will be

required for all persons, and on the specifications regarding type size

and style set forth in T.D. 94-5. Customs proposes to make the

requirement of front panel marking effective on January 1, 1995.

Upon completion of the comment period and additional consideration,

Customs plans to issue a determination setting forth final

specifications on type size and style, and setting new dates for

compliance with T.D. 94-5.

Comments

All comments received in response to this notice will be available

for public inspection in accordance with the Freedom of Information Act

(5 U.S.C. 552), 1.4, Treasury Department Regulations (31 CFR 1.4), and

section 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular

business days between the hours of 9 a.m. and 4 p.m. at the Regulations

Branch, Suite 4000, Franklin Court, 1099 14th Street, NW., Washington,

DC.

Authority: This notice is published in accordance with 19 U.S.C.

1304(a), 19 U.S.C. 1516, and Secs. 134.42 and 134.44, Customs

Regulations (19 CFR 134.42; 19 CFR 134.44).

Drafting Information

The principal drafter of this document was Robert Cascardo, Value

and Marking Branch, U.S. Customs Service. Personnel from other Customs

offices participated in its development.

Approved: March 21, 1994.

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 94-7395 Filed 3-24-94; 4:33 pm]

BILLING CODE 4820-02-P