MAR-2-03:OT:RR:NC:N2:231
Mr. Victor Llarena
Rosy Service Forwarders
8190 NW 21st Street
Miami, FL 33122
RE: The country of origin of Frozen Wild Caught Shrimp from Argentina
Dear Mr. Llarena:
In your letter dated June 2, 2017 you requested a country of origin ruling on behalf of Fine Food Factory (Fort Lauderdale, FL).
The subject merchandise is wild shrimp caught in Argentina where the headless shells are frozen in block form. You state that the product is shipped to Vietnam where it is peeled and deveined while in the frozen state. The shrimp is packaged in 2-pound retail sized bags for shipment to the United States.
With regard to country of origin, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. 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 U.S. the English name of the country of origin of the article.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Pursuant to 19 CFR Section 134.1(b), the country of origin is the country of manufacture, production or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such country the country of origin within the meaning of Part 134 of the regulations. A substantial transformation occurs when a new and different article of commerce emerges from a process with a new name, character or use different from that possessed by the article prior to processing. See United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940).
In the present case, we find that the processing undertaken by the means you outline at the facility in Vietnam does not effect a substantial transformation. Accordingly, we find that the frozen wild caught shrimp retain their initial country of origin status and is a product of Argentina for U.S. Customs and Border Protection marking purposes.
This merchandise may be subject to additional requirements administered by the following agencies, whose addresses are provided for your reference:
U.S. Department of State
Bureau of Oceans & Int’l. Environmental & Scientific Affairs
Office of Marine Conservation
2201 C Street, NW
Washington, DC 20520
Telephone: (202) 647-2335
U.S. Food and Drug Administration (FDA)
Division of Import Operations and Policy
12420 Parklawn Drive (Room 3109)
Rockville, MD 20857
Telephone: (301) 796-0356
Email address: [email protected]
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division