Customs Labeling - Seafood Inspection Program

AUG 24 1988 F/TS4:RVC
To: All Shrimp Processors and Users of Raw Peeled and Peeled
and Deveined Shrimp
Subject: Labeling Requirements for Raw Peeled and Peeled and
Deveined Shrimp Processed from Imported Green Headless Shrimp
Due to seizure actions which were taken recently by the U.S. Customs
Service against green headless shrimp, peeled, and peeled and deveined
(P&D) product processed from imported shrimp, the U.S. Customs Service was
asked to issue an official ruling regarding country-of-origin marking
requirements for imported shrimp processed in the U.S. by shelling and
deveining.
In the ruling issued June 23, 1988, (copy enclosed) Customs stated that
foreign shrimp which is processed in the U.S. by peeling or peeling and
deveining and then re-packaged, is not "substantially transformed" and is
therefore subject to the country of origin marking requirements of 19
U.S.C. 1304 and 19 CFR Part 134. Under this law and regulation, repacked
imported green headless, peeled and P&D product processed from imported
green headless shrimp, must be labeled to indicate the country of origin
of the shrimp. As such, the importer must comply with the certification
requirements set forth in 19 CFR 134.25: i.e., the importer must certify
at the time of entry that if the shrimp are repacked in new containers
while still in his possession, the new containers shall be marked in a
conspicuous place as legibly, indelibly, and permanently as the nature of
the containers will permit, in such manner as to indicate the country of
origin of the articles to the ultimate purchasers in accordance with the
requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The importer must
further certify that if the shrimp are intended to be sold or transferred
by him to a subsequent purchaser or repacker, he will notify such
purchaser or transferee, in writing, at the time of sale or transfer of
the above marking requirements.
To comply with the marking requirements the container or package must bear
the English name of the specific country (or countries) of origin so that
the ultimate purchaser in the U.S. can find and read the marking easily.
The marking must be legible, indelible, and of sufficient permanence to
ensure that under reasonably foreseeable circumstances the marking will
remain on the container/package through normal distribution and store
handling, and reach the ultimate purchaser in a legible condition.
These marking requirements may be satisfied through:
1) the use of permanently printed labels bearing the specific country
or countries of origin,
2) the stamping of the country or countries of origin in a blank area
of the permanent printed label, or