CLA-2-08:OT:RR:NC:N2:228
Mr. Diego A. Espinosa
DNA Logistics
12600 NW 25 Street, Suite 107
Miami, LA 33182
RE: The country of origin of fresh almonds from Spain
Dear Mr. Espinosa:
In your letter dated July 31, 2019, you requested a country of origin ruling.
You inquire as to the country of origin of the fresh almonds from Spain. The almonds are said to be grown and harvested in the United States, then shipped to Spain where they are bleached, sliced and repackaged. After repackaging the almonds are shipped back to the United States.
A substantial transformation is said to have occurred when an article emerges from a manufacturing process with a name, character, or use which differs from the original material subjected to the process. U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940); Texas Instruments v. United States, 681 F.2d 778, 782 (1982).
In this instance, the imported product, the fresh almonds are bleached, sliced and repackaged in Spain before importation into the United States.
U.S. Customs and Border Protection (CBP) has previously ruled that the bleaching of nuts does not effect a substantial transformation. See, for example, Ruling NY K80490 (November 24, 2003). Accordingly, we find that after being bleached, sliced and repackaged, the goods currently under discussion retain their initial country-of-origin status.
Articles originating in the United States are generally not subject to the marking requirements of 19 U.S.C. § 1304. The Federal Trade Commission (“FTC”) has jurisdiction over marking such articles. Any inquiries concerning marking the product with a phrase such as “Made in the USA” must be directed to the FTC. The FTC may be contacted at the following address: Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Ave. NW, Washington, DC 20508.
The applicable subheading for the almonds will be 0802.12.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other nuts, fresh or dried, whether or not shelled or peeled . . . almonds . . . shelled. The general rate of duty will be 24 cents per kilogram.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
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 ww.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 Bruce N. Hadley Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division