[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7395]


[[Page Unknown]]

[Federal Register: March 29, 1994]


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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