[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
